Laurie B. Lee v. The Fidelity and Casualty Company of New York

MORGAN, Circuit Judge:

Plaintiff, Laurie Lee, wife and beneficiary of the deceased, appeals from an order granting summary judgment for the defendant insurance company. The sole issue on appeal is whether summary judgment was proper. We hold that it was not.

This action was brought to recover accidental death benefits under two group insurance policies issued by the Fidelity and Casualty Company of New York. The claims arise from the death, on December 17, 1972, of the insured, Olin Lee. On that evening, according to plaintiff, she noticed nothing unusual about her husband’s condition as he…