· 7/20/1990
Mary Jane Wickman v. Northwestern National Insurance Company
Citations
- 908 F.2d 1077
- 28 Employee Benefits Cas. (BNA) 1071
- 1990 U.S. App. LEXIS 12175
- 1990 WL 100342
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an injury is not accidental if “a reasonable person in [the insured’s] shoes would have expected the result.”
- holding that an injury is not accidental if \a reasonable person in [the insured’s] shoes would have expected the result.\
- noting that the common law prescribes that policy contract terms should be judged from the viewpoint of the insured
- noting that handbook detailing ERISA rights, distributed to employees, “is strong evidence that the employer has adopted an ERISA regulated plan”
- finding that insured reasonably should have expected serious injury when he climbed over guardrail and suspended himself with one hand high above railroad tracks
- explaining that the fact-finder must first determine the insured’s expectations and then “whether the suppositions which underly that expectation were reasonable”
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Cyr, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.