Appellate Law

CA1: First writes preachy opinion on drinking and driving in ERISA context

By S. COTUS

Stamp v. Metropolitan Life, No. 07-1061.  This case is one of a line of disturbing cases that hold that people that die in drunk driving accidents for purposes of his Accidental Death and Dismemberment ("AD&D") life insurance policies.  The First says that it is ?Carefully? considering the issue, but really, it is not.  The context is an ERISA case, where it is reviewing the plan administrator?s determination.

Anyway, this seems like a decision made out of political fear.  Applying Wickman v. Northwestern Nat'l Ins., 908 F.3d 1077, 1084 (1st Cir. 1990), The First says that people that drink and drive are so aware (i.e. reasonably foresee) of the risks of drinking and driving that they know how dangerous it is, and therefore, anything that results isn?t an accident.  Then they cherry-pick dicta about drinking and driving.  Whatever. 

Torruella dissents, and gives a nice point-by point rebuttal.  However, I am just too angry at the majority.  Maybe this is something that should go en banc.  Maybe we should stop pretending that people that drive drunk intend to kill themselves, but are merely not thinking.

Full post as published by Appellate Law and Practice on June 30, 2008 (boomark / email).