1 The policy provides, in relevant part: enefits will not be paid for any Covered Injury or Covered Loss which, directly or indirectly, in whole or in part, is caused by or results from any of the following 5. Now for the facts in the administrative record. to such a degree that the driver’s reactions, motor skills, and judgment are substantially altered and the driver, therefore, constitutes a clear and substantial danger of physical injury or death to himself or herself or another person.” Ark. 1 Under Arkansas law, a driver is “intoxicated” if he is “influenced or affected by the ingestion of alcohol a controlled substance. Relevant to this appeal, both policies contain exclusions if death is caused, at least in part, either by “intoxication” as defined by Arkansas law, or by the “voluntary ingestion” of any “narcotic” or “drug” that is not prescribed. Esther, David’s widow and the plaintiff here, is the beneficiary of those policies. LINA both insures the plans and determines entitlement to benefits. David was insured under two life-insurance policies issued by LINA. After that, we describe the questionable administrative proceedings giving rise to this appeal. We then turn to the evidence in the administrative record. In this section, we briefly state the relevant policy provisions. Esther is the beneficiary of his life-insurance policy. He thus crossed three lanes of traffic, including the center divider line, and then collided head-on with an oncoming eighteen-wheeler truck. 17-30356 inexplicably kept going straight. As the highway curved right, David Case: 17-30356 Document: 00514511463 Page: 2 Date Filed: No. In July 2014, David and Esther White were in a horrible car crash in Arkansas. Finding that LINA abused its discretion in denying benefits, we reverse and instruct the district court to enter judgment in favor of White. ![]() LINA had denied benefits on the ground that David’s death was caused in part by intoxication or drug abuse. ![]() GRADY JOLLY, Circuit Judge: Esther White, the beneficiary of David White’s life-insurance policy, appeals a summary judgment granted in favor of the insurer and plan administrator, Life Insurance Company of North America (“LINA”), on her claim for benefits. ![]() LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant - Appellee Appeal from the United States District Court for the Western District of Louisiana Before JOLLY, DENNIS, and ELROD, Circuit Judges. Cayce Clerk ESTHER HILL WHITE, Plaintiff - Appellant v. Case: 17-30356 Document: 00514511463 Page: 1 Date Filed: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No.
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