Virginia J. Barry Melville v. American Home Assurance Company

OPINION OF THE COURT

GARTH, Circuit Judge.

This is an appeal by the defendant, American Home Assurance Company (“American”), from a judgment on a jury verdict in favor of the plaintiff, Virginia Barry Melville, in her action to recover the policy amount of $500,000 on an insurance policy covering accidental death. Three issues are before this court for review: (1) whether the district court erred in its choice of law determination that the New York presumption with respect to suicide applied in this case, rather than the presumptions of Pennsylvania or Delaware, (2) if New York law is…