BRETTELLE
Brettelle v. Life Insurance Co. of North America
Opinion
Opinion
Miller, J.
ORDER GRANTING PLAINTIFF’S MOTION FOR JUDGMENT; DENYING DEFENDANTS’ MOTION FOR JUDGMENT
Pursuant to Fed.R.Civ.P. 52, Plaintiff Silena Brettelle moves for entry of judgment on her ERISA claim for plan benefits. Defendants Life Insurance Company of North America (“LINA”) and Science Applications International Employee Welfare Benefit Plan (the “Plan”) oppose the motion and cross-move for judgment in their favor on the ground that “no accident” occurred and therefore there is no liability under the accidental death policy. For the reasons set forth below, the court concludes that the death of Ms. Brettelle’s husband was the result of an “accident” covered under the policy. Accordingly, the Clerk of Court is instructed to enter judgment in favor of Ms. Brettelle and against Defendants in the amount of the policy, $250,000.
BACKGROUND
On March 17, 2009 Plaintiff commenced this action by filing a complaint for relief under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. Plaintiff seeks to recover the $250,000 death benefit under Group Accident Policy No. OK819515 (the “Policy”) issued by LINA to Ms. Brettelle’s employer, Science Applications…