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Expert Analysis

Accidental Death Ruling Highlights Flaw In ERISA Deference

By Mark DeBofsky ( March 27, 2020, 12:35 PM EDT) -- Since the publication in 1943 of James M. Cain's noir classic, "Double Indemnity," there has been a public fascination with accidental death insurance. Surprisingly, even when a sudden and unexpected death occurs other than as a result of a heart attack or other clear-cut medical condition, the issue of whether the death was accidental or resulted from natural or self-inflicted means is often not easily determined....

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