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PAPOTTO v. HARTFORD LIFE & ACC. INS. CO.

Nos. 12-1261, 12-1362.

731 F.3d 265 (2013)

Lisa M. PAPOTTO v. HARTFORD LIFE & ACCIDENT INSURANCE COMPANY, Appellant. Lisa M. Papotto, an individual, Appellant v. Hartford Life & Accident Insurance Company.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 26, 2013.

Attorney(s) appearing for the Case

Brian P. Downey, Esq. , (argued), Pepper Hamilton, LLP, Harrisburg, PA, Maria Feeley, Esq. , Pepper Hamilton, LLP, Philadelphia, PA, for Appellant/Cross-Appellee, Hartford Life & Accident Insurance Company.

Benjamin Goldstein, Esq. , (argued), Drinkwater & Goldstein, LLP, Atco, NJ, for Appellee/Cross-Appellant, Papotto.

Before: McKEE, Chief Judge, SMITH, and GREENAWAY, JR., Circuit Judges.

OPINION

GREENAWAY, JR., Circuit Judge.

Appellee/Cross-Appellant Lisa Papotto ("Appellee") is a widow seeking payment of benefits from Appellant/Cross-Appellee Hartford Life & Accident Insurance Co. ("Appellant" or "Hartford") under an accidental death and dismemberment policy in relation to her husband's death. The policy at issue explicitly excludes losses "sustained while Intoxicated." Hartford's Plan Administrator denied payment of benefits to Appellee...

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