Smith v. Liberty Life Insurance

HAYNES, Circuit Judge:

Whitney Blaine Smith was killed when the truck he was driving left the road and collided with two trees. Mr. Smith, a long time drug addict, had potentially lethal levels of the drug hydrocodone in his system at the time of the crash. His wife, Pamela Dean Smith, filed this lawsuit seeking coverage under an accidental death insurance policy. The district court granted summary judgment in favor of the insurer holding that Mrs. Smith’s claims were barred by language in the policy that excluded coverage of any death resulting directly or indirectly from drug use. We affirm.

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