Mary Alexandre v. National Union Fire Insurance Company of Pittsburgh, PA

I. A policy insuring against accidental death, covered by the Employee Retirement Income Security Act of 1974, excludes coverage for the insured’s suicide. When the insured’s state of mind is contested should the trial court apply presumptions against suicide and in favor of an accident? II. A civil action based on federal law is transferred pursuant to 28 U.S.C. § 1404(a). Should the transferee court construe the underlying federal constitutional provision(s), statute(s) or regulation(s) in accordance with the pronouncements of the U.S. Court of Appeals overseeing the transferor court or transferee court? The first of the foregoing important questions of nationwide significance is the subject of a circuit split. The second has been decided by numerous U.S. Courts of Appeals, but has not been, and should be, settled by the Court.