SMITH v. LIBERTY LIFE INS. CO.

No. 07-30946.

535 F.3d 308 (2008)

Pamela Dean SMITH, Plaintiff-Appellant, v. LIBERTY LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 10, 2008.


Attorney(s) appearing for the Case

Robert G. Nida, Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Plaintiff-Appellant.

Erick Yukihiko Miyagi, Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Defendant-Appellee.

Before PRADO, ELROD and HAYNES, Circuit Judges.


HAYNES, Circuit Judge:

Whitney Blaine Smith was killed when the truck he was driving left the road and collided with two trees. Mr. Smith, a long time drug addict, had potentially lethal levels of the drug hydrocodone in his system at the time of the crash. His wife, Pamela Dean Smith, filed this lawsuit seeking coverage under an accidental death insurance policy. The district court granted summary judgment in favor of the insurer holding that Mrs. Smith's claims...

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