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MONUMENTAL LIFE INS. CO. v. FRANKO

No. 3-485A102.

486 N.E.2d 608 (1985)

MONUMENTAL LIFE INSURANCE COMPANY, Defendant-Appellant v. Sandra FRANKO, Individually and As Administratrix of the Estate of Paul J. Franko, Jr., Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

December 19, 1985.

Attorney(s) appearing for the Case

Daniel W. Glavin, Beckman, Kelly & Smith, Hammond, Leon R. Kaminski, Newby, Lewis, Kaminski & Jones, La Porte, for defendant-appellant.

G. Anthony Bertig, Law Offices of James V. Tsoutsouris, Valparaiso, for plaintiff-appellee.

GARRARD, Judge.

This action was prosecuted to secure benefits under an accidental death insurance policy issued to appellee's deceased husband. He died as the result of carbon monoxide asphyxiation on or about December 27, 1981. A jury returned a verdict finding coverage. The sole question on appeal is whether the evidence was sufficient to sustain that result.

The policy in question provided benefits only if Franko...

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