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SENKIER v. HARTFORD LIFE & ACC. INS. CO.

No. 91-1683.

948 F.2d 1050 (1991)

Lynn D. SENKIER, Special Administrator of the Estate of Donna Jean Dereng, deceased, Plaintiff-Appellant, v. HARTFORD LIFE & ACCIDENT INSURANCE COMPANY and Neiman-Marcus Group Employees Benefits Committee, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided December 3, 1991.

Attorney(s) appearing for the Case

A. Denison Weaver (argued), Hugh J. McCarthy, McCarthy & Associates, Chicago, Ill., for Lynn D. Senkier.

Joseph J. Hasman, Ernest W. Irons (argued), Sherri L. Giffin, Peterson & Ross, Chicago, Ill., for Hartford Life & Acc. Ins. Co.

Eugene E. Gozdecki, Paul L. Zido, David S. Americus, Gozdecki & Zido, Chicago, Ill., for Neiman-Marcus Group Employee Benefits Committee.

Before POSNER, FLAUM, and KANNE, Circuit Judges.

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

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