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Ninth Circuit Accidental Death Ruling Raises Critical ERISA Issue: Raising Defenses at Trial
DeBofsky Sherman Casciari Reynolds P.C. 
Sept. 6, 2022 "In addition to concluding the decedent's death was due to an accident despite the insured's reckless behavior, the court discussed a bedrock [ERISA] principle that precludes benefit plans from raising new issues for the first time in litigation. The absence of a policy exclusion was also critical to the outcome of the case." [Wolf v. Life Ins. Co. of North America, No. 21-35485 (9th Cir. Aug. 25, 2022)] |
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