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· 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 CourtListener

Sourced 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.