United States Sixth Circuit

In an ERISA action arising from a denial of Personal Accident Insurance benefits to the beneficiary of an insured who died as result of his own drunk driving, judgment for beneficiary is reversed where, contrary to the ruling below, defendant-plan administrator could reasonably conclude that death caused by grossly negligent drunk driving is not "accidental", and it was not arbitrary and capricious for it to do so under the circumstances.

Appellate Information

• Decided 10/10/2007
• Published 10/10/2007

Judges

• Before:  BOGGS, Chief Judge;  CLAY and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Amy K. Posner, Metlife Group, Inc. Law Department, Long Island City, New York, for Appellant.  Edward G. Lennon, Hyman & Lippitt, Birmingham, Michigan, for Appellee.   ON BRIEF:  David M. Davis, Hardy, Lewis & Page, Birmingham, Michigan, for Appellant.  Edward G. Lennon, Hyman & Lippitt, Birmingham, Michigan, Brian D. Figot, Weisman, Young, Schloss & Ruemenapp, Bingham Farms, Michigan, for Appellee.