Whinery

Ms. Whinery, who works at a securities firm, says she needs the $418,000 benefit partly to help finance the educations of her two children, ages 17 and 11.

When Insurance Fails Leslie Scism 2012

Celina Whinery, 42 years old, of Thousand Oaks, Calif., has seen the limitations of workplace insurance.

When Insurance Fails Leslie Scism 2012

Ms. Whinery and the insurer, a unit of Cigna , are at odds over whether Mr. Whinery's death counts as an "accident."

When Insurance Fails Leslie Scism 2012

Still, "thousands of people drive drunk every day…and they make it home," Ms. Whinery says.

When Insurance Fails Leslie Scism 2012

Ms. Whinery has countered that the definition of "accident" being applied doesn't appear in the policy.

When Insurance Fails Leslie Scism 2012

Ms. Whinery in 2010 filed a lawsuit in federal court in Los Angeles seeking a $418,000 payout under an accidental-death policy her husband bought as an employee at Citigroup Inc. six years before his death.

When Insurance Fails Leslie Scism 2012

Glenn Kantor , a lawyer who represents Ms. Whinery and who testified before the California legislature, says the law will require insurers to persuade federal judges "that the weight of the evidence supported their decision, rather than merely having to prove that their decision was not 'arbitrary and capricious.'"

When Insurance Fails Leslie Scism 2012

Ms. Whinery says the denial "came out of the blue."

When Insurance Fails Leslie Scism 2012

Ms. Whinery doesn't dispute that her husband's blood-alcohol content was measured at 0.22%, well over California's legal limit.

When Insurance Fails Leslie Scism 2012

"Jack Whinery, homesteader, with his wife and the youngest of his five children, Pie Town, New Mexico."

A Genealogue Link Dump 2008