FONTENOT v. NEW YORK LIFE INS. CO.

No. 6354.

357 So.2d 1185 (1978)

Rebecca Lynn P. FONTENOT, Individually and for and on behalf of her minor daughter, Lisa Brook Pitre, Plaintiff-Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied May 9, 1978.

Writ Refused June 9, 1978.


Attorney(s) appearing for the Case

Preston N. Aucoin, Ville Platte, for plaintiff-appellant.

Michael S. Ingram, Monroe, for defendant-appellee.

Before DOMENGEAUX, WATSON and GUIDRY, JJ.


GUIDRY, Judge.

The only issue for determination on appeal is whether a provision in a life insurance policy that death must occur within ninety (90) days from the date of injury in order for accidental death benefits to be payable thereunder is a valid and enforceable limitation on coverage. The trial court concluded that such contractual limitation of coverage is valid and dismissed plaintiff's suit. Plaintiff appeals and assigns as error the failure of the trial...

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