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DAVIS v. FORTIS BENEFITS INS. CO.

No. 08-1080.

6 So.3d 929 (2009)

Patricia DAVIS v. FORTIS BENEFITS INS. CO., et al.

Court of Appeal of Louisiana, Third Circuit.

March 4, 2009.

Attorney(s) appearing for the Case

Jarvis J. Claiborne, Opelousas, LA, for Plaintiff/Appellant, Patricia Davis.

Scott N. Hensgens, Carroll Devillier, Jr., Breazeale, Sachse & Wilson, LLP, Baton Rouge, LA, for Defendant/Appellee, Washington National Life Insurance Company.

Court composed of ULYSSES GENE THIBODEAUX, Chief Judge, JIMMIE C. PETERS, and MICHAEL G. SULLIVAN, Judges.

THIBODEAUX, Chief Judge.

This case involves a claim for dependent life insurance benefits by the plaintiff-appellant, Patricia Davis, against the defendant-appellee, Washington National Insurance Company (Washington National). The trial court granted the defendant's motion for summary judgment on the bases that the decedent was no longer a "dependent" under the policy because of a divorce which preceded the alleged dependent's death and, further, because Washington...

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