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YOW v. AMERICAN HOME ASSUR. CO.

Civ. A. No. 78-0774-R.

606 F.Supp. 3 (1979)

Carl Jay YOW v. AMERICAN HOME ASSURANCE COMPANY.

United States District Court, E.D. Virginia, Richmond Division.

September 4, 1979.

Attorney(s) appearing for the Case

William N. Alexander, II, Greer & Alexander, Rocky Mount, Va., for plaintiff.

William B. Poff, Richard M. Thomas, Roanoke, Va., for defendant.

MEMORANDUM

WARRINER, District Judge.

This is a diversity action grounded upon two interrelated theories of recovery. Plaintiff asserts his right to recover contractual benefits under an accidental dismemberment insurance policy issued by defendant. He also seeks tort recovery and punitive damages for defendant's refusal to pay the contractual sum due. After extensive discovery the parties concluded there were no material issues of fact as to either basis...

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