Bankers Life and Casualty Co. v. Mary Patricia Leary

HEANEY, Circuit Judge.

This is an appeal from a diversity action brought in the Western District of Missouri before Judge Hunter. The facts are undisputed. Robert Leary was employed as an officer of Ryder Truck Lines, Inc., a Florida corporation. He was covered by a Special Risk Group Insurance Policy carried by Ryder with Bankers Life & Casualty Company. On December 16, 1964, Leary tendered his resignation which was accepted by Ryder. At about 10:20 A.M., on January 1, 1965, he was involved in a fatal automobile accident. His widow, and named beneficiary, Mary Leary, brought an action to…