Edith Boyce Rigsby v. Mutual of New York (The Mutual Life Insurance Company of New York)

SETH, Circuit Judge.

Appellant brought suit on a group insurance policy for the death of a policyholder resulting from an airplane accident. The case was filed in a New Mexico state court and was removed to the United States District Court for the District of New Mexico. The appellee insurance company denied coverage, and after discovery it filed a motion for summary judgment. The trial court granted the motion, and the plaintiff-appellant has taken this appeal.

The group policy was one made available to members of the New Mexico State Bar Association. It provides under “exclusions and…