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5th Cir. – Russian Roulette Denied AD&D

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  • 5th Cir. – Russian Roulette Denied AD&D

    Here’s a new case out of the Fifth Circuit titled Jason Freeman v. Securian Life Insurance Company. In this matter, the plaintiff’s 17 year old son died playing Russian Roulette. The ERISA governed AD&D policy denied the benefits citing the medical examiner’s conclusion that cause of death was suicide. The court concludes that suicide is not really the issue, but, instead, the exclusion for self-inflicted injury, which Russian Roulette certainly is.

    In this case, “suicide” is a red herring. Suicide is one of two disjunctive causes of death that is excluded from coverage under AD&D. The other is self-inflicted injury. And, as the district court determined, Adrian’s death was irrefutably the result of his self-inflicted injury. Securian’s exclusion of Adrian’s death from AD&D coverage under its policy was not arbitrary and capricious.

    We have reviewed the record on appeal of this case, including the district court’s careful and exhaustive 19-page opinion and its 12-page denial of Freeman’s Motion for Reconsideration, and we are satisfied that the court was imminently correct. The disposition of this case by the district court is, in all respects,
    It is quite tragic when a teen dies from something so stupid. However, I do believe that this is a pretty easy decision for the AD&D policy. The opinion is attached below.

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