Stanton v. LINCOLN LIFE & ANNUITY CO. OF NEW YORK

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is an action to recover accidental death insurance benefits, brought pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. The decedent was intoxicated and operating a snowmobile when he struck a tree and was killed. Defendants denied coverage, on two grounds: 1) the death was not accidental; and 2) the policy excludes coverage for losses caused by “driving a motor vehicle while intoxicated.” Plaintiff, a beneficiary of the subject policy, contends that the decision denying benefits…