CAPONE v. AETNA LIFE INS. CO.

No. 09-10222.

592 F.3d 1189 (2010)

James M. CAPONE, Plaintiff-Appellant, v. AETNA LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 5, 2010.


Attorney(s) appearing for the Case

Randall D. Grayson, Anderson Dailey, LLP, Atlanta, GA, Marc R. Ginsberg, Madina & Ginsberg, P.A., Miami, Lakes, FL, for Capone.

Elizabeth J. Bondurant, Nikole Marie Crow, Smith, Moore, Leatherwood, LLP, Atlanta, GA, for Defendant-Appellee.

Before MARCUS, FAY and ANDERSON, Circuit Judges.


FAY, Circuit Judge:

Plaintiff-Appellant James Capone struck his head on the bottom of the ocean while diving in the Bahamas, paralyzing himself from the neck down. Capone sought benefits under the Accidental Death and Personal Loss provision of his employee health insurance policy administered by Aetna Life Insurance Company (Aetna). Aetna denied Capone's claim for benefits twice, prompting this civil action. The district court granted Aetna's motion for summary judgment...

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