United States Fifth Circuit

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Dutka v. AIG Life Ins. Co., 08-20515

In an ERISA action to recover accidental death insurance relating to an airplane crash, summary judgment for Defendant-Insurer is affirmed, where the plan administrator did not abuse its discretion in finding that the crash was caused by the pilot's intoxication.

Appellate Information

  • Decided 06/24/2009
  • Published 06/24/2009


  • PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • James Kevin Tarrant (argued), Houston, TX, for Dutka., Charles Tynan Buthod, Aaron Kyle Harris (argued), Baker Botts, LLP, Houston, TX, for AIG Ins. Co.