Louise C. Pound v. Insurance Company of North America, a Corporation

HILL, Circuit Judge.

Appellant brought this diversity suit in the District Court of New Mexico seeking to recover from appellee the proceeds of an accident insurance policy. The policy was a group policy issued by appellee to International Business Machines Corporation, with the employees of the latter corporation constituting the named insureds. Appellant’s deceased husband was an employee of I.B.M. covered by the accident policy, and she is the named beneficiary on the policy.

The trial court directed a verdict for appellee insurance company at the close of all evidence, and appellant takes…