§Why CasetextPricing

Thompson v. Life Insurance Company of North America

MOTION for summary judgment

12 Cited authorities

  1. Firestone Tire Rubber Co. v. Bruch

    489 U.S. 101 (1989)   Cited 8,838 times   54 Legal Analyses
    Holding that a denial of ERISA benefits "is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan"

  2. HCA Health Services of Georgia, Inc. v. Employers Health Insurance

    240 F.3d 982 (11th Cir. 2001)   Cited 285 times   1 Legal Analyses
    Holding that "[r]egardless of whether arbitrary and capricious or heightened arbitrary and capricious review applies, the court evaluates the claims administrator's interpretation of the plan to determine whether it is `wrong.'"

  3. Lee v. Blue Cross/Blue Shield of Alabama

    10 F.3d 1547 (11th Cir. 1994)   Cited 147 times
    Holding that an insurer's desire to maintain competitive rates does constitute a conflict of interest

  4. Dixon v. Life Ins. Co. of North America

    389 F.3d 1179 (11th Cir. 2004)   Cited 38 times
    Upholding denial of accidental death benefits where pre-existing heart disease "substantially contributed" to Dixon's death "regardless of whether the auto accident was the immediate cause in that it triggered his heart attack."

  5. Billings v. Unum Life Ins. Co. of America

    459 F.3d 1088 (11th Cir. 2006)   Cited 22 times
    Finding the lack of evidence of improvement was sufficient to support the district court's decision in fashioning a similar remedy

  6. Silverstein v. Metropolitan Life Ins. Co.

    254 N.Y. 81 (N.Y. 1930)   Cited 181 times
    In Silverstein v. Metropolitan Life Ins. Co., 254 N.Y. 81, 171 N.E. 914, 915, Chief Judge Cardozo said: "A policy of insurance is not accepted with the thought that its coverage is to be restricted to an Apollo or a Hercules."

  7. Preferred Acc. Ins. Co. of New York v. Combs

    76 F.2d 775 (8th Cir. 1935)   Cited 30 times
    In Preferred Accident Insurance Company of New York v. Combs, 76 F.2d 775 (8th Cir. 1935), a policy was issued to the insured which contained provisions similar to these in question here. Evidence showed that the insured fell and hit his head, that a brain hemorrhage resulted because the insured had arteriosclerosis or friable arteries which were a principal factor in producing the hemorrhage, and that prior to the accident the insured was in good health even though he had been successfully treated for high blood pressure approximately a year before.

  8. Ætna Life Ins. v. Young

    113 F.2d 601 (3d Cir. 1940)   Cited 5 times

    No. 7321. June 29, 1940. Appeal from the District Court of the United States for the Eastern District of Pennsylvania; Henry E. Kalodner, Judge. Action by Laura M. Young against the Aetna Life Insurance Company to recover on a double indemnity clause of a life policy. From an adverse judgment, 32 F. Supp. 389, defendant appeals. Affirmed. Paul Reilly, of Philadelphia, Pa., for appellant. Thomas E. Comber, Jr., of Philadelphia, Pa., for appellee. Before BIGGS, MARIS, and CLARK, Circuit Judges. CLARK

  9. Section 860.13 - Operation of aircraft while intoxicated or in careless or reckless manner; penalty

    Fla. Stat. § 860.13   Cited 13 times   1 Legal Analyses
    Criminalizing the "[o]peration of aircraft while intoxicated or in careless or reckless manner"

  10. Section 790.157 - Presumption of impairment; testing methods

    Fla. Stat. § 790.157   Cited 2 times
    Noting that statutory presumptions related to blood alcohol level "shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired"

  11. Section 397.701 - Local ordinances affecting impairment and public impairment offenses forbidden

    Fla. Stat. § 397.701

    A county, municipality, or other political subdivision of the state may not, except pursuant to the provisions of s. 397.702, adopt a local law, ordinance, resolution, or regulation having the force of law which provides that impairment in public in and of itself, or being found in enumerated places in an impaired condition, is an offense, a violation, or the subject of civil or criminal sanctions or penalties of any kind. This section does not affect offenses involving the operation of motor vehicles

  12. Section 91.17 - Alcohol or drugs

    14 C.F.R. § 91.17   Cited 28 times   1 Legal Analyses
    Prohibiting airline crewmembers from working within eight hours after consuming alcohol or while having a blood alcohol concentration of .04 percent or more