Equitable Life Assurance Society of the United States v. Henry Lee Fry

AINSWORTH, Circuit Judge:

In this diversity matter four separate actions alleging breach of contracts of insurance were consolidated for trial before a jury and resulted in a verdict for plaintiffs. Suits were brought by the co-executors of the estate of the deceased insured, Dr. Elmer Lee Fry, to enforce payment of accidental death benefits alleged to be due under the provisions of insurance policies issued to the deceased, plus statutory penalties and attorneys’ fees. Deceased’s estate is the beneficiary under the policies. Defendants-appellants are the insurers of the deceased under either…