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FAGAN v. BANKERS MULTIPLE LINE INS. CO.

No. 81-2004.

669 F.2d 293 (1982)

Bill G. FAGAN, Plaintiff-Appellee, v. BANKERS MULTIPLE LINE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 9, 1982.

Attorney(s) appearing for the Case

Potter, Guinn, Minton, Roberts & Ireland, H. Kelly Ireland, Harlan P. Abright, Tyler, Tex., for defendant-appellant.

Wellborn, Houston, Bailey & Perry, Rex Houston, Blake Bailey, Henderson, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, RUBIN and TATE, Circuit Judges.

TATE, Circuit Judge:

In this Texas diversity case, the insurer ("Bankers") under a group policy issued to an employer ("Johnson"), appeals from the award to Fagan of benefits for total disability. Fagan as an eligible spouse of an employee, had applied for and been issued a certificate affording him special risk coverage for certain specified losses arising out of accidental injury. We affirm, finding (a) that the district court correctly held that the exclusion clause...

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