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Category: Accidental Death Benefits

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…

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…

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