Martha G. Tate, Individually and as of the Estate of Lake E. Tate, Deceased v. Government Employees Insurance Company

HATCHETT, Circuit Judge:

Upon the death of Lake E. Tate (Tate), Martha G. Tate (appellant), the decedent’s spouse, sued Government Employees Insurance Company (GEICO), the issuer of a group accidental death insurance policy (policy), to recover benefits under the policy for Tate’s accidental death. Appellant appeals the district court’s granting of GEICO’s motion for a directed verdict. 1 Because we find genuine issues of fact and misapplication of state law, we vacate the judgment and remand the case to the district court.

FACTS

On October 19, 1988, Tate entered the Veterans Administration…