HOLCOMB v. PRUDENTIAL INS. CO. OF AMERICA

No. 80-1497.

673 F.2d 102 (1982)

John D. HOLCOMB, Plaintiff-Appellant, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

April 14, 1982.


Attorney(s) appearing for the Case

Brown & Brown, Inc., Homer A. Brown, Francis A. Harris, Fred R. Brown, Garland, Tex., for plaintiff-appellant.

Thompson, Knight, Simmons & Bullion, Luke Ashley, Timothy R. McCormick, Dallas, Tex., for defendant-appellee.

Before BROWN and TATE, Circuit Judges, and SMITH, District Judge.


JOHN R. BROWN, Circuit Judge.

This diversity case, tried to the court largely on stipulated facts, raises the narrow issue of the correct interpretation of an income protection policy. The District Court entered judgment in favor of the insurer. Finding that the District Court erred as a matter of law in its interpretation of the insurance policy, we reverse.1

I. Facts

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