District Court Finds Choice of Law Provision in AD&D Policy Trumps California Law Banning Discretionary Authority in Life Insurance Policies
District Court Finds Choice of Law Provision in AD&D Policy Trumps California Law Banning Discretionary Authority in Life Insurance Policies
In White v. Guardian Life Insurance Company, et al., No. 22-CV-1788-L-KSC, 2023 WL 5519315 (S.D. Cal. Aug. 25, 2023), California Southern District Judge M. James Lorenz denied Plaintiff’s motion to…
District Court Affirms MetLife’s Denial of AD&D Benefits Finding Insured’s Post-Surgical Death From Unintentional Narcotic Overdose Was Not Covered Under The Policy
In Wicks v. Metropolitan Life Insurance Company, No. 4:21-CV-1275-O, 2023 WL 5216493 (N.D. Tex. Aug. 14, 2023), under a de novo standard of review, Texas Northern District Judge Reed O’Connor…
District Court Dismisses ERISA Suit For Life Insurance Proceeds Because Insured’s Death from Drug Overdose Was Excluded Under the Policy
In LePino v. Anthem Blue Cross Life & Health Ins. Co., No. 22-CV-4400 (NSR), 2023 WL 5001439 (S.D.N.Y. Aug. 4, 2023), New York Southern District Judge Nelson S. Román granted…
Fifth Circuit Upholds Denial of Accidental Death Benefits Due to Policy Exclusion of Deaths Resulting from Aircraft Flight
In Krishna v. Life Insurance Company of North America, et al., No. 22-20516, 2023 WL 4676822 (5th Cir. July 21, 2023), Plaintiff-Appellant Deepa Krishna sued Defendant-Appellee Life Insurance Company of…
Eighth Circuit: Exhaustion of Administrative Remedies Is Not Required Where ERISA Plan Contains No Review Procedures & Accidental Heroin Overdose Is Not an “Intentionally Self-Inflicted Injury”
In Yates v. Symetra Life Insurance Company, No. 22-1093, __F.4th__, 2023 WL 2174840 (8th Cir. Feb. 23, 2023), the Eighth Circuit Court of Appeals addressed two questions: Is an ERISA…
District Court Rejects Sun Life’s Attempt to Argue New Grounds for Denying Accidental Death Benefits, Denies Motion to Remand
In Rushing v. Sun Life Assurance Company of Canada, Civil Action 22-cv-1454 (W.D. La. Nov. 1, 2022), Western District of Louisiana Magistrate Judge Mark L. Hornsby denied Sun Life’s motion…
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