Wood, et al v. Hartford Life Ins Co, et al

02-30900Court of Appeals for the Fifth Circuit8 ago 2003

Testo completo

1 Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
August 8, 2003
Charles R. Fulbruge III
Clerk
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
02-30900
GREGORY DAVID WOOD; MICHAEL FORREST WOOD; VICTORIA RUTH WOOD,
Plaintiffs-Appellants,
VERSUS
HARTFORD LIFE INSURANCE COMPANY; FEDERAL INSURANCE CO;
CITICORP CREDIT SERVICES INC, Successor in interest to
Universal Card Service Corp.,
Defendants-Appellees.
Appeal from the United States District Court
For the Eastern District of Louisiana
(01-CV-3167)
Before DAVIS, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:1
This suit is a dispute over entitlement to travel life
insurance proceeds brought by the children of the decedent, Electa
Wood. Mrs. Wood traveled to Florida by air and charged her plane
ticket to her Citicorp MasterCard. She died as a result of an auto
accident which occurred while she was being driven by a friend in
his car from her hotel to the airport to board her return flight.

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2
On cross motions for summary judgment, the district court held that
there were no issues of material fact that:
1) The Hartford policy did not provide coverage because Wood
was riding in a private passenger vehicle, not in a “Common Carrier
or hotel or airport shuttle” as required by the Hartford policy.
2) The Federal policy had terminated according to its own
terms before the accident.
3) Citicorp provided the coverage it promised to provide to
its cardholders.
We have examined the record and carefully considered the
briefs and oral argument of all counsel and find no error in the
district court’s resolution of the case. Accordingly, the judgment
of the district court granting summary judgment to the Defendants
is
AFFIRMED.

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