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SIMS v. GREAT AMERICAN LIFE INS. CO.

No. 04-5135.

469 F.3d 870 (2006)

Clara A. SIMS, an individual, Plaintiff-Appellee, v. GREAT AMERICAN LIFE INSURANCE COMPANY, a Foreign Insurance Company, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 7, 2006.

Attorney(s) appearing for the Case

David M. Gunn (Russell S. Post, Beck, Redden & Secrest, L.L.P., Houston, Texas, and Timothy T. Trump, Conner & Winters, P.C., Tulsa, OK, with him on the briefs), Beck, Redden & Secrest, L.L.P., Houston, TX, for Appellant.

Steven L. Andrew (D. Kevin Ikenberry with him on the brief), Andrew, Williams & Ikenberry, A Professional Corporation, Tulsa, OK, for Appellee.

Before HARTZ, ANDERSON, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Lawrence Sims died when the speeding car he was driving sailed off a rural road. Prior to his untimely death, he had obtained life insurance from Great American Life Insurance Company. Sims's wife made a claim on this policy, but after an investigation Great American denied the claim under its non-accidental death provision concluding that Sims committed suicide. Mrs. Sims then filed suit against Great American alleging breach of contract...

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