United States Eighth Circuit

Denial of plaintiff's claim for benefits is reversed where defendant-insurer's litigating position concerning the proper interpretation of the policy phrase "accidental bodily injury" is fundamentally inconsistent with its stated basis for denying the claim during the administrative process.

Appellate Information

• Decided 07/22/2005
• Published 07/22/2005

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.