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Kravitz, Brown & Dortch News
Mike Dortch obtains decision that awards client the full amount of benefits for unexpected death of husband.
Mike Dortch obtained a decision that awards Kravitz, Brown & Dortch LLC's client, Christina A. Stischok, the full amount of benefits for the unexpected death of her 30 year old husband to which she claimed entitlement under an ERISA benefits plan established by her employer. The insurance company which was to fund the benefits initially denied Ms. Stischok’s claim and then denied Ms. Stischok's internal appeal of its decision.
After Ms. Stischok filed suit against the insurance company in The United States District Court for the Southern District of Ohio, the company adamantly insisted that benefits were not owed Ms. Stischok on the basis her husband, who died of alcohol poisoning after attending a New Year's Eve Party, intended to drink excessive quantities of alcohol and thus his death was not an "accident" within the meaning of policy terms.
After first establishing Ms. Stischok's right to be paid the full amount of insurance proceeds under the policy, Mr. Dortch pursued post-judgment motions on behalf of Ms. Stischok seeking attorneys' fees, costs, and expenses, at which point the insurance company at last relented and the case was settled. Stischok v. Hartford Group Life Insurance Co., 2008 WL 859036 (S.D. Ohio)
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