United States Ninth Circuit

Insured's death resulting from auto-erotic asphyxiation was accidental, and it did not fall under policy exclusions for suicide and intentionally self-inflicted injury; summary denial of ERISA benefits to surviving spouse was improper.

Appellate Information

• Argued 12/06/2001
• Decided 05/17/2002
• Published 05/17/2002

Judges

• W. FLETCHER, Circuit Judge., Before: LEAVY, T.G. NELSON and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles J. Fleishman, Beverly Hills, CA, for the plaintiff-appellant.


• For Appellees:
  
• Huey P. Cotton and Rickee S. Stewart, Cozen & Cotton, Los Angeles, CA, for the defendant-appellee.