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RUSSELL v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 29361.

437 F.2d 602 (1971)

John R. RUSSELL, Plaintiff-Appellee, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 10, 1971.

Attorney(s) appearing for the Case

Donald O. Collins, of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, La., for defendant-appellant.

Reginald T. Badeaux, Jr., J. Michael Cumberland, Badeaux & Discon, New Orleans, La., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

The central issue on this appeal is whether the insured was totally disabled within the terms of Prudential's group disability insurance policy.

After serving six years as a salesman for Georgia-Pacific Corporation, John R. Russell was promoted in 1958 to the position of manager of the company's distribution center in New Orleans, Louisiana. As the center's manager, Russell had complete responsibility for personnel (25 to 30...

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