Sorrells' vehicle ran off the two-lane, county road onto the right shoulder, returned to the roadway, overturned (apparently overturning only once), and continued across the oncoming lane (it appears that there was no oncoming traffic at the time of the accident), before coming to a rest on the left shoulder of the roadway with Mr. In *1225 that report, the investigating trooper stated that Mr. Defendant also considered the official Uniform Traffic Accident Report. here is 0.08 percent or more by weight of alcohol in his or her blood.").ĩ.
#Sun life assur code
CODE § 32-5A-191(a)(1) ("A person shall not drive or be in actual physical control of any vehicle while. This amount is nearly three times the legal limit for operating a motor vehicle in Alabama. Sorrells' ante-mortem blood alcohol content was. The toxicology report, issued by the Alabama Department of Forensic Sciences, Auburn Division, states that Mr. The autopsy results and toxicology report were provided to defendant by plaintiff's attorney. Sorrells at the hospital following the accident. Sorrells' autopsy results and a report of the toxicology test(s) performed on Mr. As to the AD & D insurance benefits claim, defendant requested and received additional information, including Mr.
#Sun life assur full
Defendant approved plaintiff's life insurance benefits claim and paid plaintiff the full life insurance benefit ($41,000). All-Lock approved both claims ($41,000 for life insurance and $41,000 for AD & D insurance) and passed the claims on to defendant. Sorrells' beneficiary, plaintiff Roxie Gail Sorrells, submitted claims to All-Lock under the Plan for life insurance and AD & D insurance benefits.
3 & 5 Sorrells' Death Certificate, Franklin Jancura depo., exh. He died at a hospital 3½ hours after the accident as a result of injuries he sustained in that accident.
Sorrells was involved in a single-car accident in Selma, Alabama. Howard is the All-Lock employee "in charge of the administration of the plan." (Admin. Howard's affidavit, All-Lock is the Plan's Administrator, and Ms. As established in the Administrator's Guide and Ms. As part of the Plan, defendant prepared and issued to All-Lock the "Administrator's Guide." (Barbara Howard aff., exh. A summary of the Policy (the Policy Summary) was prepared by defendant and distributed to the All-Lock employees, including Mr. The Policy included life insurance and accidental death and dismemberment (AD & D) insurance benefits. Sorrells' employer through the purchase of a group life insurance policy (No.24888) (the Policy) from defendant Sun Life. The Plan benefits at issue were funded by Mr. At the time of his death, Ricky Carl Sorrells was an employee of All-Lock Company, Inc., (All-Lock), and a participant in All-Lock's employee welfare benefit plan. The primary issue in this case is whether plaintiff is entitled to accidental death benefits under an employee welfare benefit plan covered by the Employee Retirement Income Security Act of 1974 (ERISA). The court finds that the following facts are undisputed and makes the following conclusions of law.ġ. ORDERED that the motion for summary judgment is GRANTED. The parties' "Joint Pretrial Document."Īfter due consideration, the court finds that no genuine issue of material fact exists and that defendant is entitled to summary judgment as a matter of law pursuant to Federal Rule of Civil Procedure 56. "Motion to Strike Affidavit of Randy Pugh," (doc. 32), and response to defendant's proposed findings and conclusions (doc. 31), filed by plaintiff Roxie Gail Sorrells, together with evidentiary material, (doc. 28), and proposed findings of fact and conclusions of law as required by Local Rule 7.2.(a) 2. 26), filed by defendant Sun Life Assurance Company of Canada, together with a supporting memorandum, (doc. This matter is before the court on the following documents: 1. Miller, Bradley Arant Rose & White, LLP, Birmingham, AL, for Defendant. SUN LIFE ASSURANCE COMPANY OF CANADA, Defendant. 2d 1221(2000) Roxie Gail SORRELLS, Plaintiff,
0 kommentar(er)
