Kenneth Sutherland, Sr. v. Nn Investors Life Insurance Company, Inc.

BAILEY ALDRICH, Senior Circuit Judge.

This is an action by plaintiff certificate-holder in defendant’s group policy providing “Catastrophic Hospital Expense Coverage” for certain hospital charges. The issues revolve around a provision in the paragraph headed,

EXCLUSIONS AND LIMITATIONS.

Claims will not be paid for any loss resulting directly or indirectly from: ... • any loss sustained or contracted while an Insured Person is- intoxicated, under the influence of intoxicants or under the influence of any narcotic unless administered on the advice of a physician.

Plaintiff’s minor daughter (also a…