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Category: Accidental Death Benefits
26 Feb 2020
Your ERISA Watch – First Circuit Holds Denial of Accidental Death Benefits Due to Pre-existing Illnesses Was Not Abuse of Discretion
This week’s notable decision is Arruda v. Zurich Am. Ins. Co., No. 19-1247, __F.3d__, 2020 WL 880548 (1st Cir. Feb. 24, 2020), where the First Circuit parted from its sister circuits in declining to adopt a “substantial factor” test to…
22 Sep 2019
Your ERISA Watch – Tenth Circuit Affirms Denial of AD&D Benefits for Death Related to Speeding
Think of someone driving 17 miles per hour over the speed limit on an unpaved road. What words initially come to mind? If one of them is “crime” then you might agree with the outcome in this week’s notable decision,…
21 Jul 2019
Your ERISA Watch – Say What You Mean or Pay What you Say: Federal Insurance Company’s Four-Million-Dollar Lesson
You may remember the case last year involving a group of Maine dairy delivery drivers who received $5 million in a proposed settlement all due to a missing Oxford comma. (A lack of an Oxford comma cost dairy $5 million.) …
05 May 2019
Your ERISA Watch – Seventh Circuit Holds that Death by Autoerotic Asphyxiation Is Excluded under AD&D Policy
This week’s notable decision is Tran v. Minnesota Life Ins. Co., No. 18-1723, __F.3d__, 2019 WL 1894769 (7th Cir. Apr. 29, 2019). The Seventh Circuit reversed the district court’s ruling finding that the insured’s death from autoerotic asphyxiation was an…
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