FULKERSON v. UNUM LIFE INSURANCE CO. OF AMERICA

No. 21-3367.

36 F.4th 678 (2022)

Judy FULKERSON, Plaintiff-Appellee, v. UNUM LIFE INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 3, 2022.


Attorney(s) appearing for the Case

ARGUED: Brett K. Bacon , FRANTZ WARD LLP, Cleveland, Ohio, for Appellant. Robert P. Rutter , RUTTER & RUSSIN, LLC, Cleveland, Ohio, for Appellee. ON BRIEF: Brett K. Bacon , Olivia Lin Southam , FRANTZ WARD LLP, Cleveland, Ohio, for Appellant. Robert P. Rutter , RUTTER & RUSSIN, LLC, Cleveland, Ohio, for Appellee.

Before: SUTTON, Chief Judge; SILER and READLER, Circuit Judges.


OPINION

Daniel Tymoc died in a car crash while speeding and driving recklessly. Tymoc's mother, Judy Fulkerson, pursued accidental death benefits under Tymoc's life insurance policy, issued by Unum Life Insurance Company. Unum, however, denied those benefits, invoking a policy exclusion for "losses caused...

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