Gladys J. Ollier, of the Estate of Louis N. Ollier, Deceased v. Continental Casualty Company

This action was brought upon an aviation accident insurance policy by the widow and administratrix of a decedent killed in the crash of a commercial airliner en route from Cincinnati, Ohio, to Toledo, Ohio, on March 5, 1967. At the conclusion of all the evidence, the District Court granted the plaintiff’s motion for a directed verdict and entered judgment in favor of the plaintiff in the amount of $100,000, the claimed benefit under the policy. Jurisdiction was based on diversity of citizenship; Ohio law controls. Erie R. R. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938).

The…