Larry Case v. Continental Casualty

61 F. App'x 994

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 28, 2003
• Docket: 02-3764
• Status: Unpublished

Opinion

PER CURIAM.

Larry Case appeals from the District Court’s 1 adverse grant of summary judgment in his diversity action against Continental Casualty Co. Having carefully reviewed the record and the parties’ briefs, see Washburn v. Soper, 319 F.3d 338, 340 (8th Cir.2003) (noting de novo review), we agree that the death of Case’s mother from lung cancer was not, under the terms of his mother’s policy, an accident; therefore, he was not entitled to accidental death benefits. Accordingly, we affirm the well-reasoned opinion of the District Court. See 8th Cir. R. 47B.

A true copy.

1 . The Honorable George Howard, Jr., United States District Judge for the Eastern District of Arkansas.