TOURDOT v. ROCKFORD HEALTH PLANS, INC.

No. 05-1764.

439 F.3d 351 (2006)

Bryan D. TOURDOT, Plaintiff-Appellant, v. ROCKFORD HEALTH PLANS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 27, 2006.


Attorney(s) appearing for the Case

Steven T. Caya (argued), Nowlan & Mouat, Janesville, WI, for Plaintiff-Appellant.

Troy E. Haggestad (argued), Williams & McCarthy, Rockford, IL, for Defendant-Appellee.

Before CUDAHY, KANNE, and SYKES, Circuit Judges.


CUDAHY, Circuit Judge.

Bryan D. Tourdot (Tourdot) sustained significant injuries when he crashed his motorcycle into an automobile in Janesville, Wisconsin. Tourdot, who contends that exotic dancers at a local gentlemen's club momentarily distracted him, was legally intoxicated at the time of the crash. His health insurer, Rockford Health Plans, Inc., (Rockford) denied coverage on the basis of a provision that excludes coverage for injuries resulting from the "commission...

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