Larry Case v. Continental Casualty, (8th Cir. 2003)

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United States Court of Appeals FOR THE EIGHTH CIRCUIT

No. 02-3764

Larry Case, Appellant, v. Continental Casualty Company, Appellee.

Submitted: April 22, 2003 Filed: April 28, 2003

Before BOWMAN, WOLLMAN, and HANSEN, Circuit Judges.

PER CURIAM.

Larry Case appeals from the District CourtÂ’s1 adverse grant of summary judgment in his diversity action against Continental Casualty Co. Having carefully reviewed the record and the partiesÂ’ 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.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

Appeal from the United States

District Court for the

Eastern District of Arkansas.

[UNPUBLISHED]

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

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