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TSCHOHL v. NATIONWIDE MUT. INS. CO.

Nos. 2-75-Civ-147, 2-75-Civ-246 and 2-75-Civ-247.

418 F.Supp. 1124 (1976)

Joyce TSCHOHL as Executrix of the Estate of H. J. "Jim" Tschohl, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, Defendant. Joyce TSCHOHL as Executrix of the Estate of H. J. "Jim" Tschohl, Plaintiff, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, a corporation, Defendant. Joyce TSCHOHL as Executrix of the Estate of H. J. "Jim" Tschohl, Plaintiff, v. BANKERS LIFE INSURANCE COMPANY, a corporation, Defendant.

United States District Court, D. Minnesota, Second Division.

September 13, 1976.

Attorney(s) appearing for the Case

Marvin E. Lundquist, Mankato, Minn., for plaintiff.

A. J. Berndt and Lyle B. Overson, Mankato, Minn., for defendant Nationwide Mutual Ins. Co.

Roger A. Johnson, Johnson, Thompson, Klaverkamp & James, Minneapolis, Minn., for defendant Prudential Ins. Co. of America.

Randall C. Berkland, Mankato, Minn., for defendant Bankers Life Ins. Co.

MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The issue in this jury waived case brought by the widow-beneficiary of six accident insurance policies against three insurance companies is whether the insured's death at Hot Springs, Arkansas on May 7, 1974 was caused solely by accidental bodily injuries suffered by the insured in an automobile accident at Mankato, Minnesota on April 30, 1974. We find it was not.

Diversity jurisdiction is established. Trial...

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