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O'TOOLE v. NEW YORK LIFE INS. CO.

No. 80-3797.

671 F.2d 913 (1982)

Dorothy L. O'TOOLE, wife of/and Donald C. Benge, Plaintiffs-Appellees, v. NEW YORK LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 1, 1982.

Attorney(s) appearing for the Case

Eugene R. Preaus, New Orleans, La., for defendant-appellant.

James E. Blazek, Rebecca A. Bush, New Orleans, La., for plaintiffs-appellees.

Before COLEMAN, POLITZ and GARWOOD, Circuit Judges.

POLITZ, Circuit Judge:

New York Life Insurance Company issued a policy insuring the life of David Benge, with the plaintiffs listed as beneficiaries. The policy provided coverage of $75,000, plus accidental death benefits in an equal sum if "the insured's death resulted directly, and independently of all other causes, from accidental bodily injury."

David Benge died from a self-administered injection of cocaine. Thereafter, New York Life paid the face amount...

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