Susan Defelice v. American International Life Assurance Company of New York
Court of Appeals for the Second Circuit
1Opinion of the Court
OAKES, Senior Circuit Judge.
Appellant American International Life Assurance Company of New York (“American”) appeals from a judgment entered April 3, 1996, after jury trial, in the United States District Court for the Southern District of New York, Allen G. Schwartz, Judge, in favor of Plaintiff-Appellee Susan DeFelice. Following the death of her husband, Kent DeFelice, Ms. DeFelice sued American under ERISA, 29 U.S.C. §§ 1001, et seq., asserting that because her husband had died by choking, she was entitled to recovery in the amount of $1 million on his accidental death policy. American…
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