Owen W. Markel, of the Estates of Raymond E. King and Yvonne King, Deceased v. The Travelers Insurance Company
Court of Appeals for the Tenth Circuit
1Opinion of the Court
McWILLIAMS, Circuit Judge.
This is a contract action brought by the executor of the estate of a deceased insured against an insurance company to recover the death benefits provided by a special travel accident policy. Jurisdiction is based on diversity of citizenship. The insurance company defended on two grounds: (1) There was no valid renewal of the policy in question; and (2) assuming that the policy was effectively renewed, the policy had been cancelled pri- or to the death of the insured.
The trial court, sitting without a jury, found that the policy had been renewed, and that…
2Cases cited9 opinions
- Fidelity & Casualty Co. of New York v. WilleyCourt of Appeals for the Third Circuit · 1897
- Riddle v. RankinSupreme Court of Kansas · 1937
- Albert Dupeck and Bessie Dupeck v. Union Insurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1964
- Blomquist v. Grays Harbor Medical Service Corp.Washington Supreme Court · 1956
- Penn Mut. Life Ins. v. AshtonCourt of Appeals for the Tenth Circuit · 1937
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3Cited by7 opinions
- Golden Eagle Insurance v. Foremost InsuranceCalifornia Court of Appeal · 1993
- Nagel v. Provident Mutual Life Insurance Co. of PhiladelphiaMassachusetts Appeals Court · 2001
- Jackson v. LambertLouisiana Court of Appeal · 1986
- Arenberg v. Central United Life InsuranceDistrict Court, D. Colorado · 1998
- Turner v. Progressive Specialty InsuranceOhio Court of Appeals · 1991
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