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CAPITAL BANK & TRUST CO. v. EQUITABLE LIFE ASSUR. SOCIETY OF U. S.

No. 88-C-2402.

542 So.2d 494 (1989)

CAPITAL BANK & TRUST COMPANY v. The EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES.

Supreme Court of Louisiana.

Rehearing Denied June 2, 1989.

Attorney(s) appearing for the Case

Brian A. Eddington, Stanley Aaron, Roy, Kiesel, Aaron, Tucker & Zwick, Baton Rouge, for applicant.

Peter Dazzio, Watson, Blanche, Wilson & Posner, Baton Rouge, for respondent.

WATSON, Justice.

In this suit to recover accidental or double indemnity death benefits under three life insurance policies issued by defendant,1 the primary issue is whether death from asphyxiation by smoke inhalation is within a policy exclusion2 for death resulting from inhalation of gas or fumes.3 The Federal Deposit Insurance Corporation (FDIC) has been substituted as plaintiff...

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