JD Supra

The LHD/ERISA Advisor: Fifth Circuit Holds Amputation Not An Accident Under AD&D Policy Where Employee’s Underlying Medical Conditions Contributed to the Loss

In Byerly v. Std. Ins. Co., 2021 U.S. App. LEXIS 2937 (5th Cir. Feb. 2, 2021), the Fifth Circuit determined that a claimant, whose leg was amputated after he stubbed his toe, did not suffer a ...
JD Supra

First Circuit Rejects “Presumption in Favor of Accident” in Accidental Death Benefit Disputes

The First Circuit recently held that it is inappropriate to apply any kind of “presumption in favor of accident” in cases involving claims under accidental death and dismemberment (AD&D) policies, ...