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Fonda Wicks v. Metropolitan Life Insurance Company
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 23-11247 · judgment September 17, 2024
Before the decision, about 1.6× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a business respondent.
Question presented
The 5th Court of Appeals determined, and we agree, that “Wicks was required to show that Mr. Wicks “sustain[ed] an accidental injury that [was] the Direct and Sole Cause of a Covered Loss.” The questions presented to this court are: Whether considering the Accidental Death and Dismemberment Plan, and the facts, Petitioner Wicks is entitled to benefits? Whether the Fifth Court of Appeals failed to apply the contra proferentum and/or a strict interpretation of the entire plan to give meaning to the Covering Clause, the Medical Treatment Exception, the Drug Exception, and the role of the Direct and Sole Clause? Whether the Fifth Court blanket rule that obesity is legal cause of death even if unrelated to the death while undergoing medical procedure materially deviates from the terms of the Plan? Whether “Accidental Injury” as an essential term needing interpretation and whether the Anoxic Brain Injury is the subject “Accidental Injury” or is the Death of Mr. Wicks the Accidental Injury?
Counsel of record
For petitioner
Rolando de la Garza
Cain Firm, PC
For respondent
Linda G Moore
Estes Thorne Ewing & Payne PLLC
Case
Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, February 24, 2025 · Certiorari denied
Proceedings
- Feb 24 2025Petition DENIED.
- Jan 22 2025DISTRIBUTED for Conference of 2/21/2025.
- Jan 18 2025Waiver of right of respondent Metropolitan Life Insurance Company to respond filed.
- Dec 16 2024Petition for a writ of certiorari filed. (Response due January 21, 2025)