Facts

On May 18, 2004, Robert Neathery was involved in an accident at his place of employment, Chevron Texaco Corp. The left front wheel of his truck struck the corner of a well pump base causing the truck to partially roll. The roll caused him to be suspended by his seat belt. He was declared dead by paramedics 15 to 20 minutes later.

The coroner determined that his death was an accident caused by significant pressure on his epigastrium. This resulted in Neathery aspirating his gastric contents into his trachea, causing him to suffocate.

Neathery's wife, Teresa Neathery, was the named beneficiary on Neathery's two accident/death polices issued by Life Insurance Company of North America, a CIGNA company. Following Robert's death, Teresa submitted a claim. Life Insurance Company denied the claim on the grounds that the accident and his death were caused by an unidentified medical crisis, which was not covered by the policy.

PLAINTIFF'S CONTENTIONS:
The plaintiff claimed that the decedent had no significant medical history or crisis at the time of the accident and that, as such, she was entitled to benefits. She argued that his death was caused by the force of the accident, which caused him to regurgitate the contents of his gastric system and them aspirate them when he attempted to breathe.

DEFENDANT'S CONTENTIONS:
Defendants claimed that the decedent suffered from either a myocardial infarction or a severe attack of GERD causing his death prior to the accident.

Damages

The plaintiff sought recovery of damages under ERISA Section 502(a)(1)(B), plan benefits, interest on those benefits, attorney fees, and costs.

Result

The court ruled in favor of plaintiff and found that Neathery's death was accidental and thus covered by the policies. The court awarded plaintiff $775,000 for the two policies.