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THOMAS v. AIG LIFE INS. CO.

No. 99-41504.

244 F.3d 368 (2001)

Tibby THOMAS, Plaintiff-Appellant, v. AIG LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised March 28, 2001.

Attorney(s) appearing for the Case

Winford L. Dunn, Jr. (argued), Dunn, Nutter, Morgan & Shaw, Texarkana, AR, for Plaintiff-Appellant.

Kevin J. Cook (argued), Bobby D. Dyess, Payne & Blanchard, David Michael Walsh, IV, Chamblee & Ryan, Dallas, TX, for Defendant-Appellee.

Before JOLLY, JONES and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The question in this case is whether a death resulting from complications following stomach stapling surgery was "caused by an accident" under an ERISA-governed insurance policy. We affirm the district court's conclusion that this death was not accidental.

Appellant Tibby Thomas's husband owned, through his employer, two accidental death insurance policies with AIG Life Insurance Company ("AIG"). Under the policies, Mrs. Thomas...

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