Court: SD Tx 05/02/2025 Body of Evidence in ERISA Health Claim Rebuts Presumption Created by Alcohol Exclusion
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.