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SUTHERLAND v. NN INVESTORS LIFE INS. CO., INC.

No. 89-1965.

897 F.2d 593 (1990)

Kenneth SUTHERLAND, Sr., et al., Plaintiffs, Appellants, v. NN INVESTORS LIFE INSURANCE COMPANY, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 1, 1990.

Attorney(s) appearing for the Case

Robert H. Flynn with whom Fay, Flynn & Fay, Boston, Mass., was on brief, for plaintiffs, appellants.

Edward S. Rooney, Jr. with whom Lyne, Woodworth & Evarts, Boston, Mass., was on brief, for defendant, appellee.

Before BREYER, ALDRICH and TORRUELLA, Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This is an action by plaintiff certificate-holder in defendant's group policy providing "Catastrophic Hospital Expense Coverage" for certain hospital charges. The issues revolve around a provision in the paragraph headed,

EXCLUSIONS AND LIMITATIONS. Claims will not be paid for any loss resulting directly or indirectly from: ... • any loss sustained or contracted while an Insured Person is intoxicated...

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