United States Eleventh Circuit
Capone v. Aetna Life Ins. Co., 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.
Appellate Information
- Decided 01/05/2010
- Published 01/05/2010
Judges
- FAY, Circuit Judge:, Before MARCUS, FAY and ANDERSON, Circuit Judges.
Court
- United States Eleventh Circuit