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. […]
In addition to disability insurance claims, accidental death claims are the frequent subject of Employee Retirement Income Security Act (ERISA) litigation. One recent ruling was cited by the website, Above the Law, as “A Self-Abuse of Discretion? (Or: The most interesting ERISA opinion ever.)” abovethelaw.com/?s=self-abuse. In Martin v. Hartford Life and Acc.Ins.Co., 2012 U.S.App.LEXIS 7879 […]
The issue of whether accidental death benefits are payable to the survivors of drunken drivers has been the subject of numerous reported decisions over the past 20 years. Surprisingly, despite insurers’ efforts to exclude coverage under accidental death insurance policies under such circumstances, policies still exist that lack an explicit exclusion for deaths occurring where […]
An interesting case involving accidental death and dismemberment benefits was recently issued by the 10th Circuit. In Rasenack v. AIG Life Ins. Co., 2009 U.S.App.LEXIS 24027 (10th Circuit. Nov. 2, 2009), the court discussed a number of issues affecting claims arising under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. […]