Cited by
Opinions in Louisiana that cite Schonberg v. New York Life Insurance Company, 104 So. 2d 171.
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Succession of Coddington v. Time Insurance Co.
658 So. 2d 1326
La. Ct. App. 2d Cir. 1995
obligates the defendant insurer (Time) to pay “for Covered Charges which result from injury or sickness based on the policy provisions.” Injury is defined as “accidental bodily injury sustained while this policy is in force,” meaning, as Louisiana case law on insurance coverage issues has consistently held, “accidental from the insured’s standpoint.” , (1958)
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Capital Bank & Trust Co. v. EQUITABLE LIFE ASSUR. SOCIETY OF US
542 So. 2d 494
La. 1989
[3] , (1958) to support a brief argument that the death was not accidental because the insured was engaged in intentional and illegal activity which resulted in his loss of life.
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Hoffpauir v. Time Ins. Co.
536 So. 2d 699
La. Ct. App. 3d Cir. 1988
Co., , (1958); Albritton v. Fireman's Fund Ins.
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Hayden v. Guardian Life Ins. Co. of America
500 So. 2d 831
La. Ct. App. 1st Cir. 1986
Co., , (1958); Albritton v. Fireman's Fund Ins.
- Fruge v. First Continental Life & Acc. Ins. 430 So. 2d 1072 La. Ct. App. 4th Cir. 1983
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Rodriguez v. Northwestern Nat. Ins. Co.
358 So. 2d 1237
La. 1978
art. 1957; , (1958); J. K. Martin Pulpwood Company
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Gregorie v. Hartford Acc. & Indem. Co.
348 So. 2d 186
La. Ct. App. 3d Cir. 1977
Co., , (1958); Albritton v. Fireman's Fund Ins.
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Faris, Ellis, Cutrone, Etc. v. Jobob Tow., Inc.
342 So. 2d 1284
La. Ct. App. 4th Cir. 1977
See also: , (1958); Albritton v. Fireman's Fund Ins.
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Guaranty Bank & Trust Co. of Alexandria v. National Life Insurance Co.
324 So. 2d 908
La. Ct. App. 1st Cir. 1975
Plaintiff has appealed, contending that the trial court erred: (1) in its evaluation of the medical and lay testimony on the cause of death; (2) , (1958), which rejected highly technical distinctions in interpreting such policies; and *909 (3) (La.App.
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Jones v. Falcon
297 So. 2d 746
La. Ct. App. 1st Cir. 1974
Co., , ; Stanley v. Cryer Drilling Co., 213 La.
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JK Martin Pulpwood Co., Inc. v. Travelers Indem. Co.
295 So. 2d 886
La. Ct. App. 2d Cir. 1974
522 , (1953); , (1958) and cases cited.
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Jennings v. Louisiana and Southern Life Ins. Co.
290 So. 2d 811
La. 1974
Co., , (1958); Albritton v. Fireman's Fund Ins.
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Jennings v. LOUISIANA & SOUTHERN LIFE INSURANCE CO.
280 So. 2d 291
La. Ct. App. 1st Cir. 1973
our Supreme Court laid down a specific rule for interpretation of the word "accident" as used in insurance policies.
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Metoyer v. Aetna Insurance Company
278 So. 2d 847
La. Ct. App. 3d Cir. 1973
Art. 1957; , ; Hartford Fire Insurance Company v. Roger Wilson, Inc., La.App., writ refused, 259 La.
- Zoller v. State Board of Education 278 So. 2d 868 La. Ct. App. 1st Cir. 1973
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Murphy v. Continental Casualty Company
269 So. 2d 507
La. Ct. App. 1st Cir. 1972
In so contending, , ; Boasso v. State Farm Mutual Auto Insurance Company, La.App., .
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Lamastus & Associates, Inc. v. Gulf Insurance Co.
260 So. 2d 83
La. Ct. App. 4th Cir. 1972
Co., , 104 So.2d *85 171, * * *.
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Sherwood v. Stein
259 So. 2d 876
La. 1972
Co., , (1958); Stanley v. Cryer Drilling Co., 213 La.
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Boasso v. State Farm Mutual Auto Insurance
246 So. 2d 696
La. Ct. App. 5th Cir. 1971
Co., , (1958) to support her contention that her injury was “caused by accident”.
- Hammond v. National Life & Accident Insurance Co. 243 So. 2d 902 La. Ct. App. 3d Cir. 1971
- Succession of Green v. Capitol Life Insurance Co. 242 So. 2d 114 La. Ct. App. 1st Cir. 1970
- Metropolitan Bank of Jefferson v. American National Insurance Co. 242 So. 2d 89 La. Ct. App. 1st Cir. 1970
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West v. City of Ville Platte
237 So. 2d 730
La. Ct. App. 3d Cir. 1970
Co., , ; Stanley v. Cryer Drilling Co., 213 La.
- Bezue v. HARTFORD ACC. & INDEM. CO., HARTFORD, CONN. 224 So. 2d 76 La. Ct. App. 1st Cir. 1969
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Simmons v. American National Insurance Company
199 So. 2d 421
La. Ct. App. 3d Cir. 1967
Wilks v. Allstate Insurance Company, (La.
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Morgan v. State Farm Mutual Automobile Ins. Co.
195 So. 2d 648
La. Ct. App. 3d Cir. 1967
Co., , ; Stanley v. Cryer Drilling Co., 213 La.
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Wilks v. Allstate Insurance Company
195 So. 2d 390
La. Ct. App. 3d Cir. 1967
Co., , , Wilks v. Allstate Insurance Co., La.App.
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Morrison v. New Hampshire Insurance Company
187 So. 2d 729
La. 1966
Co., , ; Creole Explorations, Inc. v. Underwriters at Lloyds, 245 La.
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Johnson v. Combined Insurance Company of America
158 So. 2d 63
La. Ct. App. 1st Cir. 1963
1521 , and Schonberg v. *65 New York Life Insurance Company, , .
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Bowab v. St. Paul Fire and Marine Ins. Co.
152 So. 2d 66
La. Ct. App. 3d Cir. 1963
Co., , ; Stanley v. Cryer Drilling Co., 213 La.
- Myers v. Fidelity & Casualty Company of New York 152 So. 2d 96 La. Ct. App. 3d Cir. 1963
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Finch v. Baton Rouge Production Credit Association
154 So. 2d 60
La. Ct. App. 1st Cir. 1963
Co., , , thus this Court holds that the insured falls under the terms of the quoted provision of the contract and no written application is needed as no loan renewal is required in this instance since the loan was for a period of 5 years.
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Liprie v. Michigan Millers Mutual Insurance Co.
143 So. 2d 597
La. Ct. App. 3d Cir. 1962
515 , ; , ; Monteleone v. American Employers Insurance Company, 239 La.
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Towner v. Prudential Insurance Company of America
137 So. 2d 449
La. Ct. App. 3d Cir. 1962
Consideration has been given to several cases cited in briefs submitted to the court, , , which involved a death during surgery from an anaphylactic shock produced by a rare reaction from some component of the blood used in a transfusion.
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Foreman v. Jordan
131 So. 2d 796
La. Ct. App. 3d Cir. 1961
Co., , ), the term "accident" refers to "Some sudden and unexpected event taking place without expectation, upon the instant, rather than something which continues, progresses, or develops," 1 C.J.S.
- Richard v. Southern Farm Bureau Casualty Ins. Co. 128 So. 2d 806 La. Ct. App. 3d Cir. 1961
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Hardee v. Southern Farm Bureau Casualty Insurance Co.
127 So. 2d 220
La. Ct. App. 3d Cir. 1961
Co., , ; Stanley v. Cryer Drilling Co., 213 La.
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Green v. National Bellas Hess Life Insurance Co.
124 So. 2d 397
La. Ct. App. 3d Cir. 1960
271 , ; Schonberg v. New York Life Insurance Company, 1958, , ; Jones v. Standard Life & Accident Insurance Company, La.App.1959, ; Moore v. Stuyvesant Insurance Company of New York, La.App.
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Knight v. Bossier
118 So. 2d 700
La. Ct. App. 1st Cir. 1960
We are cited to Schonberg *703 v. New York Life Insurance Co., , , where it was held that the test of whether a loss is accidental "is whether the average man, under the existing facts and circumstances, would regard the loss so unforeseen, unexpected, and extraordinary that he would say it was an accident".
- Jones v. Standard Life and Accident Insurance Co. 115 So. 2d 630 La. Ct. App. 2d Cir. 1959
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Loeblich v. Garnier
113 So. 2d 95
La. Ct. App. 1st Cir. 1959
While that latter case, striking out a claim for attorneys' fees for purposes of determining appellate jurisdiction, could be interpreted as holding that such an item is never recoverable as damages in a trespass action, it also contained language that the "record does not disclose any basis for plaintiff's claim for attorney's fee", , which could be interpreted as simply having held that there was no basis for such an award in the Breaux case in the absence of proof therein that such legal fees
- Thibodeaux v. Pacific Mutual Life Insurance Co. 112 So. 2d 423 La. 1959