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

No. 96-4262.

115 F.3d 895 (1997)

Donna Jo HASTIE, Plaintiff-Appellant, v. J.C. PENNEY LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 20, 1997.


Attorney(s) appearing for the Case

Hugh J. Morgan, Key West, Fl, for Plaintiff-Appellant.

Jane Thornton Mastrucci, John W. Thornton, Thornton & Mastrucci, Coral Gables, FL, for Defendant-Appellee.

Before TJOFLAT and BARKETT, Circuit Judges, and GODBOLD, Senior Circuit Judge.


BARKETT, Circuit Judge:

Appellant Donna Jo Hastie ("Hastie") appeals the district court's order granting summary judgment in favor of J.C. Penney Life Insurance Company ("J.C. Penney") in her declaratory action seeking benefits under two accidental death policies issued by J.C. Penney. The district court's judgment was based on an intoxication exclusion in Hastie's insurance policy. Hastie argues on appeal that Florida law, as established in Harris v. Carolina...

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