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A.J. EX REL. DIXON v. UNUM

No. 11-3578.

696 F.3d 788 (2012)

A.J., a minor by and through her next friend Lori DIXON; D.M., minor, by and through their next friend Shannon Mers; B.M., minor, by and through their next friend Shannon Mers, Plaintiffs-Appellants v. UNUM; A & A Contracting Group Life Insurance Plan; A & A Contracting, Inc., Plan Administrator, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 19, 2012.

Attorney(s) appearing for the Case

James Schottel , St. Louis, MO, for appellant.

Robert J. Golterman , David W. Gearhart , St. Louis, MO, for appellee.

Before MELLOY, BEAM, and BENTON, Circuit Judges.

PER CURIAM.

Robert J. Johnson, the father of A.J., D.M., and B.M., died without naming a beneficiary of his Unum life insurance. His estate filed a basic-life claim (which Unum granted) and an accidental-death claim (which was denied). Unum claimed that Johnson committed a (uncharged) crime contributing to his death by carelessly and imprudently driving his motorcycle, in violation of Section 304.012, RSMo 2000. The administrator of the estate did not appeal the denial...

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