Papotto v. Hartford Life & Accident Ins. Co.

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Frank Papotto was playing golf with co-workers and drank about four to five beers. Papotto dropped his cell phone and fell out of the golf cart while reaching for it. He suffered a head injury and died five hours later. A toxicology screen conducted posthumously revealed a blood-alcohol level of 0.115 %. The New Jersey state standard for intoxication is 0.08, putting Papotto over the legal limit for operating a motor vehicle. His widow sought payment of benefits from Hartford under Papotto’s accidental death and dismemberment policy. The policy explicitly excludes losses “sustained while Intoxicated.” Hartford’s Plan Administrator denied payment of benefits because the deceased had consumed alcohol prior to his death. The district court concluded that the policy implicitly required a causal connection between intoxication and the loss, and remanded to the Plan Administrator. The Third Circuit dismissed an appeal for lack of jurisdiction, finding that the remand order is not immediately appealable as a final judgment. View "Papotto v. Hartford Life & Accident Ins. Co." on Justia Law