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INSURANCE CO. OF N. AMER. v. AUFENKAMP

[No. 154, September Term, 1980.]

291 Md. 495 (1981)

435 A.2d 774

INSURANCE COMPANY OF NORTH AMERICA v. DARREL D. AUFENKAMP

Court of Appeals of Maryland.

Decided October 14, 1981.

Attorney(s) appearing for the Case

Wade J. Gallagher, with whom were Galiher, Clarke, Martell & Donnelly on the brief, for appellant.

Millard S. Bennett, with whom were Donald N. Sperling and Helfand, Stein, Sperling & Bennett, P.A. on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SMITH, DIGGES, ELDRIDGE, COLE, DAVIDSON and RODOWSKY, JJ.

DIGGES, J., delivered the opinion of the Court. ELDRIDGE and DAVIDSON, JJ., concur in the result. ELDRIDGE, J., filed a concurring opinion at page 516 infra, in which DAVIDSON, J., concurs.

On April 10, 1977, Easter Sunday, Melva J. Aufenkamp died from injuries sustained in a fall from the second story bedroom window of the apartment in Silver Spring, Maryland, where she resided with her spouse and son. The husband, appellee Darrel D. Aufenkamp, submitted proof...

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