Senkier v. Hartford Life & Accident Insurance

POSNER, Circuit Judge.

Is a medical mishap an “accident” under an insurance policy that provides benefits for accidental injuries that cause the death of the insured? The question arises in this case under ERISA (Employee Retirement Income Security Act, 29 U.S.C. §§ 1001 et seq.) because the group accident policy at issue in this case was part of an employee welfare plan. But the answer (“no,” said the district judge) does not depend on any *1051specific provisions of ERISA, and we must therefore exercise our power to formulate federal common law principles suitable for the governance of pension…