Legal Opinion
Estelle Benante, as Surviving Wife of Carl Benante, Deceased v. Allstate Insurance Company, Etc.
Court of Appeals for the Fifth Circuit
Decided June 11, 1973No. 72-3648PublishedCited by 33 opinions
1Per curiam
This Florida diversity case turns on the construction of the term “injury” as employed in a policy of accidental death and dismemberment insurance. The District Court held that, under the controlling Florida case law, the heart attack suffered by plaintiff’s decedent after running to catch a scheduled airplane flight did not constitute “bodily injury caused by an accident” within the meaning of the policy and therefore denied recovery. We affirm.
The case was submitted to the District Court upon these stipulated facts:
1. The Decedent, CARL BEN-ANTE, was a policy holder of ALLSTATE INSURANCE…
2Cases cited7 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Stoner v. New York Life InsuranceSupreme Court of the United States · 1941
- Six Companies of Cal. v. Joint Highway Dist. No. 13 of Cal.Supreme Court of the United States · 1940
- Trail Builders Supply Company v. Phillip Reagan, a Minor, by Edwin H. Reagan, His Father, Etc.Court of Appeals for the Fifth Circuit · 1969
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Moises Galindo v. Precision American Corp., Georgia Pacific CorporationCourt of Appeals for the Fifth Circuit · 1985
- Edward Fritz v. Standard Security Life Insurance Company of New YorkCourt of Appeals for the Eleventh Circuit · 1982
- The Flintkote Company v. Dravo Corporation, Diamond Manufacturing Company, Inc. And B. F. Diamond Construction Company, Inc.Court of Appeals for the Eleventh Circuit · 1982
- National Surety Corporation, a Corporation of the State of New York v. The Midland Bank, a Corporation of New JerseyCourt of Appeals for the Third Circuit · 1977
- Grady Michael Higginbotham, Plaintiff-Appellee-Cross v. Ford Motor Company, Defendant-Appellant-Cross John Henry Lee and Veronica P. LeeCourt of Appeals for the Fifth Circuit · 1976
28 more not listed; retrieve them via the Exa API.