International Underwriters, Inc. v. Home Insurance

WIDENER, Circuit Judge:

This case arises from the unfortunate death by asphyxiation of plaintiffs’ decedent. The insurance company carrying two accident policies on the decedent refused to pay the policies’ beneficiaries after concluding that the death was not an accident. The beneficiaries sued in a Virginia circuit court, and the eases were removed under diversity jurisdiction to the district court, which held that the death was accidental under Virginia law. International Underwriters, Inc. v. Home Insurance Co., 500 F.Supp. 637 (E.D.Va.1980). The insurance company appealed, and we reverse.

D…