Rebecca Messer v. Paul Revere Life Insurance Company

884 F.2d 939, 1989 U.S. App. LEXIS 13499, 1989 WL 103431
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 11, 1989
Docket88-3754
StatusPublished
Cited by8 cases

This text of 884 F.2d 939 (Rebecca Messer v. Paul Revere Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Rebecca Messer v. Paul Revere Life Insurance Company, 884 F.2d 939, 1989 U.S. App. LEXIS 13499, 1989 WL 103431 (6th Cir. 1989).

Opinions

HILLMAN, Chief District Judge.

This is a diversity action for breach of a group insurance contract governed by Ohio law. The issue on appeal is whether the district court erred in granting summary judgment for appellee Paul Revere Life Insurance Company on appellant Rebecca Messer’s claim for double indemnity accidental death benefits under the contract. We affirm the judgment below.

I.

Highlights for Children, Inc., insured the life of its employee David Messer under a group contract with Paul Revere. Mr. Messer’s policy named his wife Rebecca as beneficiary. Highlights terminated Mr. Messer’s employment on June 10, 1986. He died in a motorcycle accident a few days later on July 2. Paul Revere accordingly paid Mrs. Messer the $20,000 death benefit. On October 27, 1987, Mrs. Messer brought this action, contending that Paul Revere owes her an additional $20,000 under the policy’s employment termination conversion provisions.

The relevant provisions appear at Section III G. of the policy. Because the precise contractual language is important, rather [940]*940than paraphrasing that language we reprint pertinent portions in full in the margin.

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884 F.2d 939, 1989 U.S. App. LEXIS 13499, 1989 WL 103431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rebecca-messer-v-paul-revere-life-insurance-company-ca6-1989.