Mary Louise Thomas v. Transamerica Occidental Life Insurance Company, a California Corporation

977 F.2d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mary Louise THOMAS, Plaintiff-Appellant, v. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, a California Corporation, Defendant-Appellee. No. 91-35683. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1992. * Decided Oct. 14, 1992. Before FARRIS, LEAVY and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Mary Louise Thomas appeals the district court's summary judgment in favor of Transamerica Occidental Life Insurance Company. The court concluded that Mary Thomas was not entitled to benefits under her husband's life insurance policy because: (1) Donald Thomas' death was not "accidental"; (2) Donald Thomas' death was not "independent of sickness or any other cause"; and (3) Mary Thomas did not file a timely notice of claim or proof of loss. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm. 3 Both parties recognize, as they must, that Botts v. Hartford Accident & Indem. Co., 585 P.2d…