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ECKELBERRY v. RELIASTAR LIFE INS. CO.

No. 06-1020.

469 F.3d 340 (2006)

Michele ECKELBERRY, in her capacity as beneficiary, Plaintiff-Appellee, v. RELIASTAR LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: November 17, 2006.

Attorney(s) appearing for the Case

ARGUED: Bradley J. Betlach, Halleland, Lewis, Nilan & Johnson, P.A., Minneapolis, Minnesota, for Appellant. Charles Edward McDonough, Wiseman Law Firm, Vienna, West Virginia, for Appellee. ON BRIEF: Todd Wiseman, Wiseman Law Firm, Vienna, West Virginia, for Appellee.

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Reversed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.

OPINION

WILKINSON, Circuit Judge:

Earl Eckelberry died after his vehicle crashed into the back of a parked tractor trailer. His ex-wife, Michele Eckelberry, sought accidental death benefits from ReliaStar Life Insurance Company, Eckelberry's insurer. ReliaStar denied the claim. Under the terms...

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