Oliver Bishop, III and Oliver Bishop, IV v. National Health Insurance Company

CARDAMONE, Circuit Judge.

On December 1, 1997 defendant National Health Insurance Company (National) issued an Individual Hospital Surgical Expense Policy to plaintiff Oliver Bishop, III (Bishop III), on which his son, Oliver Bishop, IV (Bishop IV), as a member of his family, was insured. The policy provided coverage for certain medical expenses for Bishop III and the members of his family, including his son. But the policy excluded coverage for “any loss incurred while [the insured was] legally [i]ntoxicated,” defining “[i]ntoxicated” as “a level of blood alcohol content that is specified in…