In the Matter of the Estate of Irwin Leon Wade, by W. Lawrence Oliver v. The Continental Insurance Co.

LAY, Circuit Judge.

This is an appeal from a denial of accidental death benefits under an employer’s group insurance policy. The action was brought by W. Lawrence Oliver as administrator for the estate of Irwin Leon Wade. On August 14, 1971, the decedent Wade died of gunshot wounds inflicted by his wife, the beneficiary named in the certificate of insurance. 1 The district court ruled, after stipulation of the facts by the parties, that recovery was barred because (1) the decedent’s estate failed to give the insurance company timely notice of death as required by the certificate of insurance,…