Barbara Deneen, Plaintiff-Appellee-Cross-Appellant v. New England Mutual Life Insurance Co., Defendant-Appellant-Cross-Appellee

BOYCE F. MARTIN, Jr., Circuit Judge.

This case stems from an action to recover accidental death benefits under two life insurance policies issued to Richard E. Deneen, deceased. Plaintiff is the insurance beneficiary, Deneen’s widow. The policies contained supplemental benefits provisions totaling $30,000.00 in the event of accidental death. Defendant New England Mutual Life Insurance Company paid the ordinary life insurance benefits under both policies.

On October 31,1974, plaintiff filed suit in Michigan State Court to recover the accidental death benefits. Defendant removed the action to…