White v. Cigna Group Insurance
3:15-cv-02181
W.D. La.Apr 26, 2017Background
- White seeks ERISA benefits under two life insurance policies; case in Western District of Louisiana, Monroe Division.
- Magistrate Judge Hayes recommended dismissing White's claim with prejudice.
- White objected to the recommendation; LINA opposed the objection; briefing followed.
- Court adopted the magistrate's recommendation after de novo review and addressed White's objection.
- Court held circumstantial evidence may prove intoxication under Arkansas law in civil context; petition denied and dismissed with prejudice.
- Order issued April 26, 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circumstantial evidence can prove intoxication under Arkansas law in a civil ERISA context | White contends circumstantial proof must exclude all other hypotheses | LINA argues circumstantial evidence suffices in civil context | Circumstantial evidence permissible; higher criminal burden not required |
Key Cases Cited
- Wetherington v. State, 889 S.W.2d 34 (Ark. 1994) (circumstantial evidence can support intoxication findings under Arkansas law)
- Lockhart v. State, 2017 Ark. 13 (Ark. 2017) (case cited regarding circumstantial evidence and intoxication)