SMITH v. AMERICAN FAMILY LIFE ASSUR. CO., COLUMBUS

No. 08-31032.

584 F.3d 212 (2009)

Angela SMITH, in Her Own Right, and as Representative of her husband's estate and on behalf of her minor child, on behalf of D'Angela Noel Smith, Plaintiff-Appellee, v. AMERICAN FAMILY LIFE ASSURANCE COMPANY OF COLUMBUS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

As Revised October 16, 2009.


Attorney(s) appearing for the Case

Conrad S.P. Williams, III (argued), Melanie G. Lagarde, St. Martin, Williams & Bourque, Houma, LA, for Plaintiff-Appellee.

Corinne Ann Morrison (argued), Douglas L. Grundmeyer, Gregory Joseph Walsh, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, Thomas S. Carlock (argued), Atlanta, GA, for Defendant-Appellant.

Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.


GARWOOD, Circuit Judge:

After her husband's death in a helicopter crash, plaintiff-appellee, Angela Smith (Mrs. Smith), in her own right and as representative of her husband's estate and on behalf of her minor child, sued defendant-appellant, the American Family Life Assurance Company of Columbus (Aflac), seeking to recover sums allegedly owed under the terms of an accident insurance policy issued by Aflac. Both parties moved for summary judgment. The district court...

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