Insurer Dodges Coverage For Post-Heart Attack Drowning

Law360, New York (September 28, 2015, 4:45 PM EDT) -- A man who drowned after suffering a heart attack wasn't covered under his employer's accidental death insurance plan, which excluded losses contributed to by disease even if the illness wasn't the main cause, a Maryland federal court ruled.

The policy issued by National Union Fire Insurance Company of Pittsburgh, PA to Frederick Ervin Jr. did not cover deaths contributed to by disease, even if the main cause of death was accidental, U.S. District Judge William M. Nickerson ruled on Sept. 21. The ruling granting summary judgment to the insurer and ended Ervin's wife's suit seeking benefits under the plan.

“The policy...

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