Faye M. Searcy and Bobby C. Searcy And/Or All Occupants v. Citimortgage, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• reasoning that an insurer “is not bound to incorporate a particular State’s criminal law in fashioning its own definition of crime” because “that approach could lead to benefits varying by jurisdiction”
• noting policy exclusions “temper[] the goal of providing accidental death benefits in order to preserve assets for those who do not engage in” certain risky behavior
• “Tymoc nearly collided with one (and perhaps two) other cars while attempting the high- risk passing maneuver that led to his own death.”
• “A plan that provides accidental death benefits . . . need not pursue that goal to the exclusion of all others.”
• a case involving abuse of discretion review where the insured died while “passing vehicles in a no-passing zone and driving approximately 80 miles per hour in a 35 mile-per-hour zone,” both misdemeanors under Missouri law
• insurance company properly relied on evidence in police report that included multiple witness statements to apply a crime exclusion when deceased insured speeded, passed illegally, lost control of his car, hit tree, and died in resulting accident

Source: CourtListener parenthetical corpus (CC0).