WILLIAMS v. UNITED INS. CO. OF AMERICA

No. 79-2847.

634 F.2d 813 (1981)

Rovena WILLIAMS, Plaintiff-Appellant, v. UNITED INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

January 19, 1981.


Attorney(s) appearing for the Case

Owens & Ball, James R. Owen, Bay Minnett, Ala., for plaintiff-appellant.

Michael D. Knight, Mobile, Ala., for defendant-appellee.

Before SIMPSON, RONEY and THOMAS A. CLARK, Circuit Judges.


RONEY, Circuit Judge:

The principal question on appeal is whether an insurance company can be held liable for fraud where it represents at the time it sells an insurance policy that it will honor all valid claims for death benefits if the insured dies as a result of accidental bodily injury, although its general practice is to deny benefits if the insured dies as a result of driving while intoxicated, on the ground that death in such circumstances is not "accidental...

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