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STANTON v. LINCOLN LIFE & ANNUITY CO. OF NEW YORK

No. 09-CV-6430 CJS.

743 F.Supp.2d 169 (2010)

Timothy STANTON, Plaintiff v. LINCOLN LIFE & ANNUITY COMPANY OF NEW YORK and Jefferson Pilot Life America Insurance Company, Defendants.

United States District Court, W.D. New York.

September 1, 2010.

Attorney(s) appearing for the Case

Peter K. Skivington, Esq. , Jones and Skivington , Geneseo, NY, for Plaintiff.

Mark C. Stephenson, Esq. , Nelson Levine DeLuca & Horst, LLC, Blue Bell, PA, for Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is an action to recover accidental death insurance benefits, brought pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. The decedent was intoxicated and operating a snowmobile when he struck a tree and was killed. Defendants denied coverage, on two grounds: 1) the death was not accidental; and 2) the policy excludes coverage...

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