Betty N. Embry v. The Equitable Life Assurance Society of the United States

ORIE L. PHILLIPS, Circuit Judge.

In February 1968, Betty N. Embry commenced this action in the District Court of Sedgwick County, Kansas, against The Equitable Life Assurance Society of the United States to recover accidental death benefits under four policies of insurance issued by it to her husband, E. Ned Embry. She will be referred to hereinafter as Mrs. Embry, or the beneficiary; he, either as Embry or the insured; and it, as Equitable.

The case was duly removed to the United States District Court for the District of Kansas.

From a verdict and judgment in favor of Equitable, Mrs. Embry has…