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BENAVIDES v. J.C. PENNEY LIFE INS. CO.

No. 94-1355.

539 N.W.2d 352 (1995)

Paubla BENAVIDES, Administrator of the Estate of Martin Benavides, Deceased, Appellant, v. J.C. PENNEY LIFE INSURANCE COMPANY, Appellee.

Supreme Court of Iowa.

Rehearing Denied November 17, 1995.

Attorney(s) appearing for the Case

Dean T. Jennings of McGinn, McGinn & Jennings, Council Bluffs, for appellant.

John M. French and Frederick T. Harris of Kennedy, Holland, DeLacy & Svoboda, Council Bluffs, for appellee.

Considered by McGIVERIN, C.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

TERNUS, Justice.

Martin Benavides died in his closed garage at the wheel of his parked car after spending ten hours at his favorite bar. The medical examiner concluded that Benavides died of carbon monoxide poisoning; alcohol1 intoxication was listed as a contributing factor. The district court ruled as a matter of law that Benavides' estate could not recover under a life insurance policy issued to Benavides by appellee, J.C. Penney Life...

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