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LIKENS v. HARTFORD LIFE AND ACC. INS. CO.

No. 11-20653.

688 F.3d 197 (2012)

Cheryl LIKENS, Plaintiff-Appellant, v. HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 19, 2012.

Attorney(s) appearing for the Case

Kevin Howard Bell (argued), Houston, TX, for Plaintiff-Appellant.

Theodore Christian Schultz (argued), Lindow, Stephens, Treat, L.L.P., San Antonio, TX, for Defendant-Appellee.

Before DAVIS and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

After coming home drunk, Wesley Vincent was found face-down in front of his house by his wife, Cheryl Likens. He was taken to the hospital but eventually died. Likens tried to collect as the beneficiary of an accidental-death insurance policy, but the claim was denied under an alcohol exclusion, because Hartford Life and Accident Insurance Company ("Hartford") determined that the injury resulted from being legally intoxicated from alcohol...

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