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Court Dismisses Complaint In "Suicide by Cop" Case
Kevin Horbatiuk and Matthew Mazzola recently obtained summary judgment in favor of the Life Insurance Company of North America (“LINA”) in a case involving “accidental death” benefits under an employer provided ERISA governed policy. In King vs LINA the plaintiff, a beneficiary under her husband’s group life insurance policy, made a claim for the $437,000 “accidental death” benefit after he was shot and killed by a police officer during a stand off. The King decision is especially significant since it clarifies New York law and definitively states that where an insured deliberately engages in a fight as an aggressor, any injuries he receives are the “natural and probable consequences of his acts” and thus cannot be said to have been produced by accidental means .
In granting LINA’s motion, United States District Judge Michael A. Talesca, for the Western District of New York, found that Mr. King intentionally engaged in conduct that resulted in his death and thus was not entitled to benefits. Judge Talesca specifically noted that Mr. King advised his wife and friends that he intended to provoke the police into killing him; informed a hospital worker that he intended to kill a police officer; engaged in a stand off with several police officers; informed the police officers engaged in the standoff that he was armed with a .22 gun; threatened the lives of officers; invited them to shoot and kill him ; and finally, suddenly and abruptly came out of hiding, and charged a police officer with a gun pointed at the officer. In addition, Mr. King was quoted as stating prior to the day of his death that he wanted the police to kill him so that his wife and children “would be able to get some insurance money.” |
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