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.
- Decided 08/09/2004
- Published 08/09/2004
KEARSE, Circuit Judge., Before: VAN GRAAFEILAND, KEARSE, and B.D. PARKER, Circuit Judges.
United States Second Circuit
Irving Pheterson, Rochester, New York (Pheterson & Pheterson, Christopher J. Calabrese, Elliot, Stern & Calabrese, Rochester, NY, on the brief), for Plaintiff-Appellant.
Paul K. Stecker, Buffalo, New York (Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, on the brief), for Defendant-Appellee.