Scott Wolf v. Ins. Co. of N. America

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCOTT C. WOLF, No. 21-35485 Plaintiff-Appellee, D.C. No. v. 3:20-cv-05684-

BHS

LIFE INSURANCE COMPANY OF

NORTH AMERICA,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the Western District of Washington Benjamin H. Settle, District Judge, Presiding

Argued and Submitted June 8, 2022 Seattle, Washington

Filed August 25, 2022

Before: Ronald Lee Gilman, * Sandra S. Ikuta, and Eric D. Miller, Circuit Judges.

Opinion by Judge Gilman; Concurrence by Judge Ikuta

* The Honorable Ronald Lee Gilman, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. SUMMARY **

ERISA

The panel affirmed the district court’s summary judgment in favor of the plaintiff in an action under the Employee Retirement Income Security Act concerning the denial of an insurance claim based on the plaintiff’s son’s accidental death.

The son died in a one-car collision. He was intoxicated and had been driving at a high speed in the wrong direction…