Ann Arbor Trust Co. v. Canada Life Assurance Co.

KRUPANSKY, Circuit Judge.

The defendants, three insurance companies, appealed from a jury verdict in favor of the plaintiff concerning benefits arising under three life insurance policies and the district court’s denial of defendants’ motions for directed verdict and judgment notwithstanding the verdict in this diversity insurance action.

The record disclosed the following facts. On March 16, 1982, Dr. Kenneth Magee (Magee), a 55-year-old neurologist, fell down the stairs of his home and sustained a laceration on his forehead. Dr. John Rowe (Dr. Rowe) was contacted by Ma-gee’s wife and Magee…