Gold Seal, Inc. v. Scent Shop, Inc.

851 F. Supp. 1283, 31 U.S.P.Q. 2d (BNA) 1359, 1994 U.S. Dist. LEXIS 6455
CourtDistrict Court, E.D. Arkansas
DecidedMarch 25, 1994
DocketNos. B-C-93-1, LR-C-93-385
StatusPublished
Cited by1 cases

This text of 851 F. Supp. 1283 (Gold Seal, Inc. v. Scent Shop, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gold Seal, Inc. v. Scent Shop, Inc., 851 F. Supp. 1283, 31 U.S.P.Q. 2d (BNA) 1359, 1994 U.S. Dist. LEXIS 6455 (E.D. Ark. 1994).

Opinion

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is an action under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq. Plaintiff, Mary Faye Parker, as a designated beneficiary, seeks recovery of accidental death benefits. Plaintiffs son, Timothy Parker, was insured under a group policy covering the employees of Danaher Corporation. The court has before it for de novo review the administrative record that the parties have stipulated constitutes the entire record made before the administrator and the briefs of the parties. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). The sole issue is whether a death resulting from a man’s hanging himself by the neck in order to restrict the flow of oxygen to his brain during an act of sexual gratification is an accidental death within the meaning of an accidental death insurance policy.

Background.

The plaintiff has named as defendants Danaher Corporation on behalf of Danaher Corporation Employee Benefit Plan, A.I.G. Life Insurance Company, and American International Adjustment Company, Inc. [1289]*1289A.I.G. Life Insurance Company on April 1, 1990, issued to Danaher Corporation a policy of group life insurance, master policy no. BSC 8038446, covering all Danaher Corporation employees.1 The policy of insurance was in full force and effect at the time of the death of Timothy Parker an employee of Danaher Corporation, formerly EASCO Hand Tools. American International Adjustment Company, Inc., is the trustee and administrator of the Danaher Corporation Employee Benefit Plan.

Plaintiff was the named beneficiary on the policy of life insurance furnished by her deceased son’s employer. On November 27, 1990, plaintiffs son, Timothy E. Parker, was found dead in his apartment in Fayetteville, Arkansas. A $10,000 life insurance benefit was paid to the plaintiff but the insurance company has refused to pay the additional $10,000 accidental death benefits.

Timothy Parker died by asphyxiation while hanging himself in an attempt to increase sexual gratification from masturbation. An event known as autoerotic asphyxiation. See generally, Alan Stephens, Annotation, Accident or Life Insurance: Death by Autoerotic Asphyxiation as Accidental, 62 A.L.R.4th 823 (1988). The practice has been described as an act of autoerotic stimulation by means of a noose tightened around the neck for the purpose of temporarily restricting the supply of oxygen to the brain in an attempt to intensify the sensations of masturbation. Id. See also Sigler v. Mutual Benefit Life Ins. Co., 663 F.2d 49 n. 2 (8th Cir.1981). Unfortunately, in this case performance of the autoerotic act resulted in the death of Timothy Parker.

The circumstances surrounding his death are not in dispute. Mr. Parker was found with a bed sheet wrapped around his neck and over the shower door frame. Specifically the report of the police department contains the following description of the manner in which Mr. Parker was found:

There was a green sheet tied to the top rail [of the shower doors], with the rest of the sheet down, wrapped around and secured on the deceased neck covering the face. Once the sheet was removed the body was brought out of the bathroom and laid on top of a body bag. The deceased was dresses (sic) in a blue pull over shirt and red shorts. The deceased had what appeared to be two soft balls inserted up his shirt around the breast area indicating the appearance of female breast (sic). A large rise was noted in the groin area of the body. These items were removed and was (sic) noted as being assorted clothing items.

Stipulated Record, Claims File (hereinafter S.R.) at 16.

The manner in which Mr. Parker was found as well as other evidence found in or around his person suggested death secondary to self-induced hypoxia associated with au-toerotic stimulation. The parties agree that Mr. Parker died as a result of autoerotic asphyxiation.

The police investigators and the coroner labelled Mr. Parker’s death as accidental. The death certificate also lists the manner of death as an accident. The only dispute is whether the death can be called “accidental” within the meaning of the ERISA plan at issue.

The life insurance policy insures for loss “resulting from injury.” Stipulated Record, Policy File, at 1. Injury is defined to mean “bodily injury caused by an accident occurring while this policy is in force as to the Insured Person and resulting directly and independently of all other causes in loss covered by this policy.” Id. The policy does not further define the term “accident.”

On September 27, 1991, the claim for the accidental death benefits was denied. The reason given was that based on the above quoted policy definition of injury the “circumstances surrounding Mr. Parker’s death indicates that this death was not accidental as defined in the policy.” S.R. at 21. This decision was affirmed by the ERISA Appeals Review Committee on November 20, 1991. S.R. at 27. In a letter dated January 22, 1993, Philip R. Harbottle, claims branch manager, advised plaintiff’s counsel that the [1290]*1290committee’s decision was final. The letter further stated:

The investigation reports of the Fayette-ville Police Department, Coroner’s office, and EMS all reveal that the Deceased had intentionally and deliberately tied a bed sheet around his neck with the intent to cut off the flow of blood and/or air. Although the Deceased may not have intended to commit suicide, this deliberate intentional act was too great of a risk for a prudent man to not be acutely aware of the danger. Therefore, this death was not caused by an accident as required under the definition of injury.

S.R. at 86.

Discussion.

Plaintiff citing Estate of Wade v. Continental Insurance Company, 514 F.2d 304 (8th Cir.1975), advises the court that the determination of whether an injury is accidental must be made from the point of view of the insured and what he intended or reasonably should have expected. It is pointed out that research into this particular sexual phenomena suggests that autoerotic asphyxiation is a repetitive pattern of behavior that individuals engage in over a period of years and that the intent of the individuals performing this act is not death.

Plaintiff candidly admits that the jurisdictions that have addressed this issue are split as to a beneficiary’s right to recover accidental death proceeds following the death of an insured as a result of autoerotic asphyxiation. However, plaintiff argues that when Arkansas law is applied the conclusion must be that Timothy Parker’s death was accidental.

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Related

Gold Seal, Inc. v. Scent Shop, Inc.
851 F. Supp. 1283 (E.D. Arkansas, 1994)

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Bluebook (online)
851 F. Supp. 1283, 31 U.S.P.Q. 2d (BNA) 1359, 1994 U.S. Dist. LEXIS 6455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gold-seal-inc-v-scent-shop-inc-ared-1994.