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BENNETT v. AMERICAN INTERN. LIFE ASSURANCE COMPANY OF NEW YORK

No. 95-CV-1730.

956 F.Supp. 201 (1997)

Theresa M. BENNETT, Plaintiff, v. AMERICAN INTERNATIONAL LIFE ASSURANCE COMPANY OF NEW YORK, Defendant.

United States District Court, N.D. New York.

February 18, 1997.

Attorney(s) appearing for the Case

Chernin & Gold (John Rittinger, of counsel), Binghamton, NY, for Plaintiff.

Bond, Schoeneck & King (Jonathan B. Fellows, Louis Orbach, of counsel), Syracuse, NY, for Defendant.

MEMORANDUM-DECISION & ORDER

McAVOY, Chief Judge.

I. BACKGROUND

This case concerns a dispute over benefits under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. Specifically, the dispute involves the construction of the term "accident" in an accidental death insurance policy and arises from the death by asphyxiation of Plaintiff's husband. Defendant insurance company declined to pay the policy's benefits...

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