Plan Fiduciary Was Not Arbitrary And Capricious In Denying Accidental Death Benefits For Death Of An Intoxicated Driver
On January 15, 2004, Paul McGillivray died as a result of a head-on automobile accident when his car crossed the center line and collided with a truck. McGillivray was thrown from his car and later pronounced dead from “multiple injuries due to blunt trauma.” Approximately thirteen hours before the crash, McGillivray had been arrested for drunk driving and had his license revoked. The results of a post-accident toxicology report reflect that McGillivray's blood alcohol level was 0.242--well above the legal limit. McGillivray also tested positive for the presence of benzodiazepine.
Ines McGillivray, Paul McGillivray's wife, through her employer, was entitled to coverage under a Group Accident Policy which was underwritten by the Life Insurance Company of North America. The Policy included coverage for the accidental death of an insured, or the spouse of an insured, in the amount of $100,000. The Company denied Ines McGillivray’s claim for those benefits, on the grounds that “Mr. McGillivray died as a result of his own voluntary actions, namely driving a motor vehicle while intoxicated” and, consequently, “that his death was not accidental but the foreseeable consequence of his actions.”
Ines McGillivray then filed the instant ERISA action seeking to recover the accidental death benefits under the Policy.
The United States District Court granted summary judgment for the Company, holding that the fiduciary’s denial of plan benefits was not arbitrary and capricious.
McGillivray v. Life Ins. Co. of North America