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BARNES v. AMERICAN INTERN. LIFE ASSUR. CO.

No. 08 Civ. 06222 (DC).

681 F.Supp.2d 513 (2010)

Clint BARNES, Plaintiff, v. AMERICAN INTERNATIONAL LIFE ASSURANCE COMPANY OF NEW YORK, a Member Company of American International Group, Inc., Defendant.

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

February 4, 2010.

Attorney(s) appearing for the Case

Uscher, Quiat, Uscher & Russo, P.C., by Michael E. Quiat, Esq., Hackensack, NJ, for Plaintiff.

Schnader Harrison Segal & Lewis, LLP, by Carl J. Schaerf, Esq., Allison A. Snyder, Esq., New York, NY, for Defendant.

OPINION

CHIN, District Judge.

On February 8, 2007, thirty-one year old Trudy Barnes ("Ms. Barnes") had elective orthopedic surgery to correct an abnormal curvature of her spine. During the surgery, a catheter was improperly inserted into her chest, puncturing a vein. She went into cardiac arrest, and died two days later.

Ms. Barnes was insured under a group accidental death and dismemberment insurance policy (the "Policy") issued by American...

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