A court for the Southern District of Texas adopted a magistrate’s report and recommendation to grant an insured’s motion for summary judgment on his ERISA health plan claim, holding alcohol exclusion did not bar coverage because the evidence rebutted a blood draw and therefore the presumption that alcohol caused or contributed to the injury.
ERISA, ERISA group health plan, alcohol exclusion, motion for summary judgment, ERISA burdens of proof in lawsuit, rebuttable presumption of intoxication, evidentiary rebuttal of intoxication
