United States Fourth Circuit

In case where plaintiff's husband died in car accident, wife sought accidental death benefits from defendant, and defendant denied the claim based on husband's blood-alcohol level being 50% higher than the legal limit and thus not accidental and not covered by the policy, summary judgment in favor of plaintiff is reversed as defendant's interpretation of "accident" was not unreasonable.

Appellate Information

• Decided 11/17/2006
• Published 11/17/2006

Judges

• Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Bradley J. Betlach, Halleland, Lewis, Nilan & Johnson, P.A., Minneapolis, Minnesota, for Appellant.  Charles Edward McDonough, Wiseman Law Firm, Vienna, West Virginia, for Appellee.   ON BRIEF:  Todd Wiseman, Wiseman Law Firm, Vienna, West Virginia, for Appellee.