I. A policy insuring against accidental death, covered by the Employee Retirement Income Security Act of 1974, excludes coverage for the insured's suicide. When the insured's state of mind is contested should the trial court apply presumptions against suicide and in favor of an accident?

II. A civil action based on federal law is transferred pursuant to 28 U.S.C. § 1404(a). Should the transferee court construe the underlying federal constitutional provision(s), statute(s) or regulation(s) in accordance with the pronouncements of the U.S. Court of Appeals overseeing the transferor court or transferee court?

Should the trial court apply presumptions against suicide and in favor of an accident when the insured's state of mind is contested in an ERISA-covered accidental death policy?