United States Fourth Circuit

In an action under the Employee Retirement Income Security Act brought by plaintiff-widow to recover accidental death and dismemberment benefits for her husband's death, which occurred while he was driving intoxicated, the district court's judgment affirming the denial of benefits is reversed, where: 1) the insurance policies do not define the term "accident" and the term is susceptible to more than one interpretation; and as such, 2) in construing the term against defendant-insurer, the drafting party, a reasonable plan participant under similar circumstances would have understood plaintiff's husband's alcohol-related crash to be an "accident" under the policy language.

Appellate Information

• Decided 05/24/2013
• Published 05/24/2013

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel