Legal Opinion

Nyberg v. Zurich American Insurance Co.

District Court, D. Kansas

Decided November 16, 2016No. Case No. 15-1359-EFM-JPOPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

ERIC F. MELGREN, UNITED STATES DISTRICT JUDGE

All ten of Plaintiff Glenn Nyberg’s fingers were at least partially amputated after he suffered severe frostbite while mountain climbing in Nepal. Nyberg was insured by Defendant Zurich American Insurance Company (“Zurich”) through his employer. His policy provided benefits for the accidental dismemberment of the thumb and index finger of the same hand. But Zurich denied Nyberg’s claim for such benefits because it determined that the loss of Nyberg’s fingers (1) was caused by illness, disease, or infection; and (2) failed to…

2Cases cited17 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  3. Adler v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1998
  4. Mitchell v. City of MooreCourt of Appeals for the Tenth Circuit · 2000
  5. Lifewise Master Funding v. TelebankCourt of Appeals for the Tenth Circuit · 2004

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3Cited by1 opinion

  1. Tuttle v. SaulDistrict Court, D. Massachusetts · 2021

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