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KING EX REL. SCHANUS v. HARTFORD LIFE AND ACC.

No. 02-3934.

357 F.3d 840 (2004)

Alane KING, as Conservator and Natural Parent of Amber Lynn SCHANUS, Plaintiff — Appellant, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant — Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 9, 2004.

Rehearing Granted; Opinion Vacated April 6, 2004.

Attorney(s) appearing for the Case

Thomas M. Neuville, argued, Northfield, MN, for appellant.

Eric C. Tostrud, argued, Minneapolis, MN (Martin A. Carlson, on the brief), for appellee.

Before MURPHY, LAY, and BRIGHT, Circuit Judges.

Rehearing En Banc Granted; Opinion Vacated April 6, 2004.

BRIGHT, Circuit Judge.

Martin Schanus, an insured party under a Hartford Life and Accident Insurance Company ("Hartford") accidental death insurance policy, died when he crashed his motorcycle while intoxicated. Hartford denied double indemnity benefits on the grounds that the crash did not meet the definition of an accident under the policy. In response, Alane King, as conservator for Amber Lynn Schanus...

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