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DAVIS v. PEOPLES BENEFIT LIFE INS. CO.

No. 2010 CA 0194.

47 So.3d 1033 (2010)

Ervin Martin DAVIS, Jr. v. PEOPLES BENEFIT LIFE INSURANCE COMPANY.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied October 1, 2010.

Attorney(s) appearing for the Case

Richard D. McShan , Amite, Louisiana, for Plaintiff-Appellant, Ervin Martin Davis, Jr.

Covert J. Geary , Sara C. Valentine , New Orleans, Louisiana, for Defendant-Appellee, Peoples Benefit Life Insurance Company.

Before KUHN, PETTIGREW, and KLINE, JJ.

KUHN, J.

Plaintiff, Ervin Martin Davis, Jr., filed this suit against Peoples Benefit Life Insurance Company ("Peoples Benefit"), seeking to recover benefits under a policy that insured the life of his brother, Roger Davis, whose death was caused by an overdose of prescription medication.2 Peoples Benefit paid a $5,000 whole life benefit under the terms of the policy, but it denied plaintiffs claim for recovery under the terms of two $30...

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