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LaASMAR v. PHELPS DODGE CORP.

Nos. 07-1267, 07-1286.

605 F.3d 789 (2010)

Ronald LaASMAR and Sandra LaAsmar, Plaintiffs-Appellees-Cross-Appellants, v. PHELPS DODGE CORPORATION LIFE, ACCIDENTAL DEATH & DISMEMBERMENT AND DEPENDENT LIFE INSURANCE PLAN, a benefit plan provided by Phelps Dodge Corporation, a New York corporation, and Metropolitan Life Insurance Company, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

May 6, 2010.

Attorney(s) appearing for the Case

Jack M. Englert, Jr. (Michael S. Beaver of Holland & Hart LLP, Greenwood Village, CO, and Lowell D. Kass of Metropolitan Life Insurance Company, Long Island City, NY, with him on the briefs), Holland & Hart LLP, Greenwood Village, CO, for Defendants-Appellants-Cross-Appellees.

William D. Meyer, Hutchinson Black and Cook, LLC, Boulder, CO, for Plaintiffs-Appellees-Cross-Appellants.

Before BRISCOE, Chief Judge, EBEL and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

"Probably it is true to say that in the strictest sense and dealing with the region of physical nature there is no such thing as an accident. On the other hand, the average man is convinced that there is, and so certainly is the man who takes out a policy of accident insurance." Landress v. Phoenix Mut. Life Ins. Co., 291 U.S. 491, 499, 54 S.Ct. 461, 78 L.Ed. 934 (1934) (Cardozo, J., dissenting) (quotations...

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