Rose M. Clark v. National Travelers Life Insurance Company

In this appeal from the denial of a double indemnity payment for accidental death under a life insurance policy, 1 the parties presented for our consideration the questions whether the district court erred in holding that the policy should be construed in accordance with the law of the forum state, Tennessee, and not in accordance with the law of New York, and whether it erred in holding that the law of Tennessee would not permit recovery.

During oral argument, the court raised sua sponte the question whether the district court had jurisdiction of the cause under 28 U.S.C. § 1332, the…