Rauh Rubber, Inc. v. Berkshire Life Insur. Co., 1999 U.S. App. LEXIS 34043 (6th Cir. December 16, 1999) (unpublished).-This Court affirmed the district court’s summary judgment in favor of Berkshire Life Insurance Company. Rauh Rubber brought a claim of punitive damages for an alleged bad faith denial. This court acknowledged, but did not rely on, ERISA cases which have upheld the denial of accidental death benefits where plan participants died from driving while intoxicated. This court upheld the district court’s conclusion that the initial denial was reasonably supported by Berkshire's belief that Mr. Rauh's death resulted not from an accident but from his own intoxication. As such, the claim arguably fell outside the terms of the policy, and under Ohio law, the burden to establish bad faith was on the insured.
