Capone v. Aetna Life Ins. Co., No. 09-10222

In an ERISA action seeking disability benefits from an insurer, summary judgment for defendant is reversed where: 1) even if plaintiff's dive off a dock into shallow water was intentional, if there was an intervening unexpected act, plaintiff would be entitled to recover under the policy; and 2) it was unreasonable to conclude that plaintiff's intoxication caused his injury.

Read Capone v. Aetna Life Ins. Co., No. 09-10222

Appellate Information

Filed January 5, 2010

Judges

Opinion by Judge Fay