Read 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.