No. 10-2281.

642 F.3d 407 (2011)

Hetty A. VIERA, as Executrix of the Estate of Frederick A. Viera; Hetty A. Viera, Individually, Appellants v. LIFE INSURANCE COMPANY OF NORTH AMERICA.

United States Court of Appeals, Third Circuit.

Filed: June 10, 2011.

Attorney(s) appearing for the Case

James W. Sutton, III (Argued), Vlasac & Shmaruk, Feasterville, PA, for Appellant.

Mark C. Cawley , James A. Keller (Argued), Allison B. Newhart , Saul Ewing, Philadelphia, PA, for Appellee.

Before: FISHER, JORDAN and COWEN, Circuit Judges.


FISHER, Circuit Judge.

This appeal arises out of the 2008 death of Frederick Viera ("Viera") in a head-on motorcycle accident. At the time of his death, Viera was covered under an employer-provided accidental death and dismemberment policy ("Policy"), issued by Life Insurance Company of America ("LINA"), and subject to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1101 et seq. Viera's wife and the...

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