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.
- 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.