United States Eighth Circuit

In a coverage case arising from a drug and alcohol overdose death, partial summary against an insurer and entry of judgment against it for accidental death benefits under an insurance policy is affirmed where: 1) the policy was not void ab initio due to plaintiffs' failure to comply with a condition precedent; 2) the district court correctly found that the life insurance policy was valid as a matter of law; 3) a policy exclusion for death "caused by or contributed to by sickness or disease" did not apply; 4) although the court erred in redacting a coroner's conclusion in a report and death certificate that the death was a suicide, the error was harmless; and 5) claims of erroneous jury instruction are rejected.

Appellate Information

• Decided 02/27/2007
• Published 02/27/2007

Judges

• ARNOLD, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Herbert C. Rule, III, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• G. Brent Baber, argued, Little Rock, AR, for appellee.