Papotto v. Hartford Life & Accident Insurance Company, No. 12-1261; Third Circuit; opinion by Greenaway, U.S.C.J.; filed September 26, 2013. Before Judges McKee, Smith and Greenaway. On appeal from the District of New Jersey, No. 1-10-cv-04722. [Sat below: Judge Bumb.] DDS No. 23-8-1497 [25 pp.]
Appellee/cross-appellant Lisa Papotto is a widow seeking payment of benefits from appellant/cross-appellee Hartford Life & Accident Insurance Co. under an accidental death and dismemberment policy in relation to her husband’s death. The policy at issue explicitly excludes losses “sustained while Intoxicated.” Hartford’s plan administrator denied payment of benefits to appellee because the deceased had consumed alcohol prior to his death.
