United States Eighth Circuit

Deceased insured's voluntary intoxication did not render his death a "self-inflicted injury" under the accidental death policy issued by defendant. The plan administrator must consider whether the insured person subjectively expected the harmful result, then determine whether that subjective expectation falls within what a reasonable person in the insured's particular position would objectively expect.

Appellate Information

• Decided 02/09/2004
• Published 02/09/2004

Judges

• COLLOTON, Circuit Judge.*, Before LOKEN, Chief Judge, LAY, BRIGHT, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Thomas M. Neuville, argued, Northfield, MN, for appellant.


• For Appellees:
  
• Eric Tostrud, argued, Minneapolis, MN, for appellee.