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KOVACH v. ZURICH AMERICAN INS. CO.

No. 08-4512.

587 F.3d 323 (2009)

Thomas KOVACH et al., Plaintiffs-Appellants, v. ZURICH AMERICAN INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 13, 2009.

Attorney(s) appearing for the Case

ARGUED: Matthew D. Greenwell, Charles V. Longo Co., L.P.A., Beachwood, Ohio, for Appellant. Rebecca B. Jacobs, Ulmer & Berne LLP, Columbus, Ohio, for Appellees. ON BRIEF: Matthew D. Greenwell, Charles V. Longo Co., L.P.A., Beachwood, Ohio, for Appellant. Rebecca B. Jacobs, Ulmer & Berne LLP, Columbus, Ohio, Richard D. Sweebe, Patricia A. Shlonsky, Ulmer & Berne LLP, Cleveland, Ohio, for Appellees.

GILMAN, J., delivered the opinion of the court, in which SARGUS, D.J., joined. McKEAGUE, J. (pp. 339-48), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

On November 7, 2005, Thomas Kovach was riding his motorcycle while intoxicated, ran a stop sign, and collided with another vehicle in the intersection. He sustained severe injuries that led to the amputation of his left leg below the knee. Mr. Kovach was insured under an accidental death and dismemberment (AD & D) insurance policy provided by his wife's employer (hereafter referred to as the Plan). He and his...

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