WINCHESTER v. PRUDENTIAL LIFE INS. CO. OF AMERICA

No. 90-4201.

975 F.2d 1479 (1992)

Julie M. WINCHESTER, Plaintiff-Appellant, v. PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellee, and Life Insurance Company of North America, Defendant.

United States Court of Appeals, Tenth Circuit.

September 24, 1992.


Attorney(s) appearing for the Case

John R. Anderson of Beaslin & Anderson, Vernal, Utah, for plaintiff-appellant.

Peter W. Billings, Jr., and Craig T. Jacobsen of Fabian and Clendenin, Salt Lake City, Utah, for defendant-appellee.

Before MOORE and EBEL, Circuit Judges, and COOK, Senior District Judge.


EBEL, Circuit Judge.

In this appeal, we address whether an insurance company providing a group accidental death and dismemberment insurance policy to an ERISA plan permissibly denied coverage to a plan participant who died of heart failure following a firefighting training exercise. To answer this question, we must consider (1) the standard under which we must review the insurance company's actions, (2) the sweep of ERISA's preemption section, and (3) the construction...

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