David Maurice Jr v. Life Insurance Company of North America

I. INTRODUCTION & BACKGROUND

David Maurice was covered by two accidental death and disability policies (the “Policies”) issued by defendant Life Insurance Company of North America (“LINA”). On October 10, 2015, Maurice submitted a claim for benefits under the Policies contending that he stepped on glass in a swimming pool in May 2008 and that a resulting infection ultimately required a below-the-knee amputation of his left leg. Maurice passed away on December 20, 2015. Defendant denied Maurice’s claim for benefits on March 10, 2016, and on December 22, 2016, the Estate of David Maurice Jr. and Stacy Maurice filed this action to challenge defendant’s denial of benefits. Dkt. 1. The Court held a bench trial and on June 4, 2018, the Court issued findings which overturned defendant’s denial of benefits. Dkt. 57 (“Findings”). The Court entered judgment on June 15, 2018. Dkt. 59. On July 13, 2018, defendant filed a notice of appeal from the Court’s judgment. Dkt. 62. On February 5, 2020, the United States Court of Appeals for the Ninth Circuit reversed the Court’s judgment and remanded with instructions to enter judgment for defendant. Dkt. 94. The Ninth…