DUTKA EX REL. ESTATE OF T.M. v. AIG LIFE INS. CO.

No. 08-20515.

573 F.3d 210 (2009)

Guardian Nora DUTKA, As Guardian for the ESTATE OF T.M., a Minor and the Estate of J.M., a Minor, Plaintiff-Appellant, v. AIG LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 24, 2009.


Attorney(s) appearing for the Case

James Kevin Tarrant (argued), Houston, TX, for Dutka.

Charles Tynan Buthod, Aaron Kyle Harris (argued), Baker Botts, LLP, Houston, TX, for AIG Ins. Co.

Before HIGGINBOTHAM, GARZA and PRADO, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

The beneficiaries of decedent Istvan Macsai appeal a summary judgment in favor of insurer AIG in their action to recover accidental death insurance under ERISA. We affirm the denial of benefits.

I

On September 15, 2005, Macsai was piloting a private plane with two passengers on a reconnaissance flight of deer hunting sites near Cleveland, Texas. The nature of the mission required flight at low altitude. Macsai...

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