McAuley v. Federal Insurance

BEAM, Circuit Judge.

Plaintiffs-Appellants, the children of decedent Terry McAuley, appeal the district court’s1 decision dismissing their suit for failure to state a claim upon which relief may be granted. Because the motion to dismiss was converted to, but not decided as, a motion for summary judgment, we reverse and remand for further proceedings.

I. BACKGROUND

Terry McAuley was employed by An-heuser-Busch as their Military Sales Director. In the course of his duties, McAu-ley traveled to Dublin, Ireland, in the summer of 2004. He returned to the United States on a direct flight from Dublin…