Legal Opinion

Mary Jane Clark Samuel, Widow of Bernard F. Samuel, Jr. v. Sun Life Assurance Company of Canada

Court of Appeals for the Fifth Circuit

Decided January 3, 1979No. 78-1716PublishedCited by 3 opinions

1Per curiam

Plaintiff Mary Jane Samuel appeals a summary judgment dismissing her suit against the company that had insured her deceased husband’s life. Agreeing with the district court and defendant Sun Life Assurance Company of Canada that the contractual language is unambiguous and pre-clusive of further death benefits, we affirm.

The Sun Life policy insuring the life of Bernard Samuel included a double-indemnity, accidental-death provision. Certain risks were excluded from the accident coverage, however. At issue is a provision that excludes death resulting from “any gas, poison, drug or medicine…

2Cases cited5 opinions

  1. Elmer v. Washington National Insurance CompanyLouisiana Court of Appeal · 1975
  2. King v. New York Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1934
  3. Safe Deposit & Trust Co. v. New York Life Ins.District Court, D. Maryland · 1936
  4. Kennedy v. New York Life InsuranceMississippi Supreme Court · 1937
  5. Safe Deposit & Trust Co. v. New York Life InsuranceCourt of Appeals for the Fourth Circuit · 1936

3Cited by3 opinions

  1. Leonard, Tutrix of Bland v. Continental Assur. Co.Louisiana Court of Appeal · 1984
  2. Joseph v. KimpleDistrict Court, S.D. Georgia · 2004
  3. Byrd v. Atlanta Casualty Co. (In Re Byrd)United States Bankruptcy Court, M.D. Georgia · 2003

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