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THOMAS v. PROTECTIVE LIFE INSURANCE COMPANY

No. 5121.

319 So.2d 878 (1975)

Roland THOMAS, Plaintiff and Appellant, v. PROTECTIVE LIFE INSURANCE COMPANY, Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

October 8, 1975.

Attorney(s) appearing for the Case

W. Glenn Soileau, Ville Platte, for plaintiff and appellant.

Dubuisson, Brinkhaus, Guglielmo & Dauzat by Edward B. Dubuisson, Opelousas, for defendant and appellee.

Before DOMENGEAUX, WATSON and MORRIS, JJ.

DOMENGEAUX, Judge.

Plaintiff-appellant, Roland Thomas, brought this action to recover benefits from a health and accident policy issued by the defendant-appellee, Protective Life Insurance Company. On September 20, 1973, plaintiff was in the employ of J. W. MacDonald Construction Company, operating a piece of heavy equipment in LeBeau, Louisiana. The machine upon which plaintiff was riding malfunctioned and began heading toward a ditch, at which time plaintiff jumped...

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