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Civil Procedure Keyed to Yeazell
Houchens v. American Home Assurance Co
Facts
Coulter Houchens disappeared in 1980. Plaintiff attempted to collect upon two insurances policies issued by Defendant. Both policies required that the insured’s death be caused by accident in order to be covered. Evidence showed that prior to his disappearance, Mr. Houchens was stationed in Dhahran, Saudi Arabia. Sometime around August 14, 1980.Mr. Houchens traveled to Bangkok, Thailand. No one has heard from Mr. Houchens since that time. In April 29, 1988 Plaintiff brought an action to declare Mr. Houchens legally dead under Virginia law. On April 29, 1988, an order was issued by the Circuit Court of Loudoun County, Virginia, declaring that Mr. Houchen’s is presumed to have died between August 15 and August 29, 1980. Plaintiff then brought suit against Defendant for breach of contract involving two insurance policies in the United States Eastern District Court for the District of Virginia. Defendant maintained that there was no evidence of Mr. Houchen’s death, not was there evidence of accidental death. Defendant moved for summary judgment, and the District Court granted the motion. This appeal followed.
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