United States Second Circuit

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CRITCHLOW v. FIRST UNUM LIFE INS. CO., 02-7585

Defendant's denial of insurance benefits on the basis that decedent's death was not within the scope of plaintiff's insurance policy is a wrongful denial as a matter of law where his death was accidental.

Appellate Information

  • Decided 08/09/2004
  • Published 08/09/2004

Judges

  • KEARSE, Circuit Judge., Before:  VAN GRAAFEILAND, KEARSE, and B.D. PARKER, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • Irving Pheterson, Rochester, New York (Pheterson & Pheterson, Christopher J. Calabrese, Elliot, Stern & Calabrese, Rochester, NY, on the brief), for Plaintiff-Appellant.

  • For Appellees:
  • Paul K. Stecker, Buffalo, New York (Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, on the brief), for Defendant-Appellee.

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