McClure

McClure v. Life Insurance Co. of North America

Good Law
84 F.3d 1129·96 Daily Journal DAR 5936·1996 U.S. App. LEXIS 11801·96 Cal. Daily Op. Serv. 3616
United States Court of Appeals for the Ninth CircuitMay 23, 1996No. 94-15874California3,173 words

Opinion

Lead Opinion

Defendants/appellants Life Insurance Company of North America (“LINA”), the EG & G Voluntary Accident Insurance Plan, *1132 Cigna Corporation, and EG & G, Inc. (“EG & G”) appeal from the district court’s decision granting plaintiff/appellee Richard McClure’s (“McClure”) renewed' motion for summary-judgment. The district court held that the “process of nature” rule was not preempted by the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (“ERISA”), that state laws apply, and that Nevada would adopt the “process of nature” rule. The court also held that McClure’s disability was the result of the process of nature, and that McClure could recover because the parties stipulated that the accident was the proximate cause of his disability.

I

McClure started working as a fire fighter for EG & G in 1980. McClure paid all required premiums for a policy issued by LINA for accidental death, dismemberment and permanent disability (“the policy”). The policy provided for the lump sum payment of $350,000.00 to McClure if he became totally and permanently disabled because of an accident.

On November 16, 1988, McClure tripped over a guide wire and fell. This was the accident to…

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