Charles Roskell, Administrator of the Estate of Earnest R. Scherer, Deceased v. The Prudential Insurance Company of America

BREITENSTEIN, Circuit Judge.

This diversity action involves an exclusionary clause in a group health and accident insurance policy. The facts are stipulated. The district court gave summary judgment for the insurer. We affirm.

Plaintiff-appellant Roskell is Administrator of the estate of Earnest R. Scherer, deceased. Scherer, an employee of an Albuquerque, New Mexico, television station, was on duty during a “telethon” program to raise money for a charity. At the conclusion of the program he kissed a lady participant on the cheek as an expression of gratitude for her participation. The husband…