Legal Opinion

Mary C. Weber v. Continental Casualty Company, a Corporation

Court of Appeals for the Tenth Circuit

Decided July 19, 1967No. 8639_1PublishedCited by 17 opinions

1Opinion of the Court

WESLEY E. BROWN, District Judge.

This is an action to recover the proceeds alleged to be due appellant as beneficiary under an accident insurance policy insuring her son Raymond L. Weber against accidental bodily injury and death.

The issue to be tried by the jury as stated by the court and not questioned by either appellant or appellee was whether the insured “received bodily injury caused by accident; to-wit: drowning, resulting in his death, directly and independently of all other causes * * * ” or whether his death was caused by a “heart attack,” and not drowning.

The parties stipulated that…

2Cases cited9 opinions

  1. United Air Lines, Inc. v. Janice Wiener and Catherine B. Nollenberger (Excluding Faith C. Paris), United States of America v. Janice WienerCourt of Appeals for the Ninth Circuit · 1964
  2. Brooks v. Metropolitan Life InsuranceCalifornia Supreme Court · 1945
  3. Scott v. BurkeCalifornia Supreme Court · 1952
  4. Stumpf v. MontgomerySupreme Court of Oklahoma · 1924
  5. Zuckerman v. Underwriters at Lloyd'sCalifornia Supreme Court · 1954

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3Cited by17 opinions

  1. Virginia J. Barry Melville v. American Home Assurance CompanyCourt of Appeals for the Third Circuit · 1978
  2. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar, Plaintiff-Appellee/cross-Appellant, and Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue v. United States of America Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation, Stuart Lee, Defendant-Appellant/cross-Appellee, Kenneth Freeman, Defendant-Cross-Appellee. United States of America, Amicus Curiae. Kenneth Michael Trentadue, the Estate of by and Through Its Personal Representative Carmen Aguilar Carmen Aguilar Trentadue, Individually and as Personal Representative for the Estate of Kenneth Michael Trentadue and Guardian Ad Litem for Vito Miguel Trentadue Wilma Lou Trentadue Jesse James Trentadue Donna Trentadue Sweeney Lee Frederick Trentadue Jesse Carl Trentadue, Plaintiffs-Appellees/cross-Appellants v. United States of America, Defendant-Appellant/cross-Appellee, and Department of Justice Federal Bureau of Prisons Federal Bureau of Investigation Stuart LeeCourt of Appeals for the Tenth Circuit · 2005
  3. Black v. M & W Gear CompanyCourt of Appeals for the Tenth Circuit · 2001
  4. U.S. Industries, Inc. v. Touche Ross & Co.Court of Appeals for the Tenth Circuit · 1988
  5. Gardner Ex Rel. Gardner v. Chrysler Corp.Court of Appeals for the Tenth Circuit · 1996

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