Accidental Death Archives

Is a death due to a pulmonary embolism suffered on account of airplane travel “accidental”?

by Mark Debofsky | Jul 6, 2014 | Accidental Death

That question was answered in the affirmative in Yasko v. Reliance Standard Life Ins.Co., 2014 U.S.Dist.LEXIS 88469 (N.D.Ill. June 30, 2014), a case involving accidental death insurance that was litigated by DeBofsky, Sherman & Casciari. See, /DeBofsky-Associates-Receives-Favorable-Ruling-in-Accidental-Death-Insurance-Case.shtml. Alan Yasko, a physician, died of a pulmonary embolism shortly after flying from Chicago to a medical conference […]

Can a law banning discretionary clauses apply to an event occurring prior to the legislative enactment?

by Mark Debofsky | Apr 9, 2014 | Accidental Death, ERISA Standard of Review

In Cerone v. Reliance Standard Life Ins.Co., 2014 U.S.Dist.LEXIS 46529 (S.D.Cal. March 28, 2014), after the plaintiff’s accidental death claim based on the death of her husband was denied and her appeal exhausted, Debra Cerone filed suit against Reliance Standard Life Insurance Company. The issue decided in this opinion was whether the de novo or abuse of discretion standard of review applied.

Remands as final judgments? Court dismisses ERISA case

by Mark Debofsky | Oct 10, 2013 | Accidental Death, Civil Procedure, ERISA

Federal courts of appeals have limited jurisdiction and may only hear appeals from final judgments. Recently, the 3rd U.S. Circuit Court of Appeals was called upon to decide whether it had jurisdiction to hear an appeal of a benefit case decided under the Employee Retirement Income Security Act (ERISA). Instead of entering judgment outright, the […]

Papotto v. Hartford Life & Acc.Ins.Co., 2013 U.S.App.LEXIS 19660

by Mark Debofsky | Oct 2, 2013 | Accidental Death, Civil Procedure

Papotto v. Hartford Life & Acc.Ins.Co., 2013 U.S.App.LEXIS 19660 (3d Cir. September 26, 2013) is a significant recently issued case involving ERISA civil procedure. The underlying issue in this case dealt with an accidental death and dismemberment insurance policy. The policy excluded losses “sustained while Intoxicated.” Because the decedent had consumed alcohol prior to his […]

Scope of review: Buzzanga v. Life Ins. Co. of N. Amer.

by Mark Debofsky | Jan 18, 2013 | Accidental Death, Civil Procedure, ERISA Standard of Review

Buzzanga v. Life Ins. Co. of N. Amer., 2013 U.S.Dist.LEXIS 1348 (E.D.Mo. January 4, 2013) (Issue: Scope of Review).

Insurance Ruling Strays From Precedent in Drunken Driving Case

by Mark Debofsky | Dec 12, 2012 | Accidental Death

When an intoxicated driver dies in a collision, can his survivors collect under an accidental death insurance policy? Most courts deem such an occurrence an accident; however, in Whinery v. Life Ins.Co. of North America, 2012 U.S.Dist.LEXIS 160667 (C.D.Cal. Nov. 7, 2012), the court upheld an insurer’s benefit denial under a deferential standard of review. […]

Accidental Death