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HOLDER v. PRUDENTIAL INS. CO. OF AMERICA

Nos. 91-8071, 91-8184 Summary Calendars.

951 F.2d 89 (1992)

Joe Frank HOLDER, Individually, and as Independent Executor of the Estate of Wanda Maurine Holder, Deceased, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, and Andy Mathis, Defendants-Appellees. Joe Frank HOLDER, Individually, and as Independent Executor of the Estate of Wanda Maurine Holder, Deceased, Plaintiff-Appellee, v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA and Andy Mathis, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 21, 1992.

Attorney(s) appearing for the Case

William Vance Dunnam, Jr., Dunnam, Dunnam, Horner & Meyer, Waco, Tex., for plaintiff-appellant.

David G. Tekell, Beverly W. Bracken, Naman, Howell, Smith & Lee, Waco, Tex., for defendants-appellees.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Plaintiff-appellant Joe Frank Holder sued defendants-appellees Prudential Insurance Company of America and its agent, Andy Mathis for coverage of a medical procedure performed on his now-deceased wife. The district judge found that the treatment was "experimental in nature" and had not yet been "commonly and customarily" recognized throughout the medical profession, as a result of which was excluded from coverage under the terms of the...

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