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SMITH v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY

Civ. A. No. 64-1338.

254 F.Supp. 622 (1966)

Deka Ann M. SMITH, Plaintiff, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant.

United States District Court W. D. Pennsylvania.

May 24, 1966.

Attorney(s) appearing for the Case

James C. Evans, Evans, Ivory & Evans, Pittsburgh, Pa., for plaintiff.

Samuel P. Gerace, White, Jones & Gregg, Pittsburgh, Pa., for defendant.

OPINION

WEBER, District Judge.

This is a suit under the accidental death benefit clause of a life insurance policy. The insuring agreement provided for payment to the beneficiary for death "as a result of bodily injury sustained solely through external, violent and accidental means, directly and independently of all other causes * * *". The defendant insurance company alleges that plaintiff's proof fails to measure up to the terms of the insuring contract...

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