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Category: Accidental Death Benefits

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,…

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.) …

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…

Your ERISA Watch – Ninth Circuit Holds That Substantial Contribution Standard Applies to AD&D Policy Exclusion and Reverses Denial of Benefits

I’m pleased to report this week’s notable decision is a firm victory in the case of Dowdy v. Metro. Life Ins. Co., No. 16-15824, __F.3d__, 2018 WL 2223722 (9th Cir. May 16, 2018), which involved a denial of benefits under…

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