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DE LA CRUZ v. COMBINED AMERICAN INS. CO.

No. 8596.

527 S.W.2d 820 (1975)

Barnaby DE LA CRUZ, Appellant, v. COMBINED AMERICAN INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied October 14, 1975.

Attorney(s) appearing for the Case

John L. Lesly, Amarillo, for appellant.

Elliott, Churchill, Hansen, Dyess & Maxfield, Mike D. Gibbs, Dallas, for appellee.

REYNOLDS, Justice.

Sixteen-month-old Yolanda De La Cruz suffocated when dirt thrown by children got in her nose and mouth. She was insured against accidental death solely caused by injuries occurring from the accidents enumerated in the insurance policy, which listed death "by drowning," but did not mention suffocation. When the insurance company denied liability, her father-beneficiary brought this suit, contending that Yolanda died as a result of drowning. The sole...

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