Sellers v. Zurich American Ins. Co.

Dist. Ct. did not err in granting defendant-insurance company's motion for summary judgment in ERISA action alleging that defendant improperly denied plaintiff accidental death and dismemberment benefits arising out of initial injuries decedent received at work in September of 2005, where plaintiff died following complications from surgery to remove broken wire from plaintiff's knee in November of 2006. Applicable policy limited recovery to deaths occurring within one year of workplace accident, and removal of broken wire procedure was not separate accident where wire breakage was not unexpected complication arising out of original September 2005 surgery. Ct. further noted that policy did not provide benefits for injuries resulting from medical treatment.