Take a look at our September newsletter!
For The Ambitious Advocate BRIEF RECESS
SEPTEMBER 2023
FROM THE LAW OFFICES OF J. PRICE MCNAMARA
HOW I FOUND CLARITY AND CONNECTION AMIDST UNTOUCHED BEAUTY My Family’s Alaskan Adventure
Growing up, you’d never find my family at the country club or golf course. You’d find us out in the wilderness.
My wife Susan and I were both raised this way, with the outdoors being a huge part of our families’ everyday lives. Of course, we were into the sporting aspect of the outdoors with hunting and fishing, but simply taking time to admire Mother Nature has always been a center point of our relationship. So naturally, we have raised our children to be the same way. I’ve mentioned before how our family loves to fish together, but our boys also enjoy bow hunting for deer and wild hogs. We even plan our family vacations around outdoor destinations; so far, the most enjoyable one has been our trip to Alaska. Our vacation was set in a little fishing town that was so rustic that the accommodations were what I call “shack-y” — as in, we were staying in a shack. It was daylight until midnight, and we had to tack blankets and towels over the windows just to try to sleep. For dinner, we’d cook up whatever we caught that day, which usually included salmon, halibut, and a creature called a lingcod that looked like a cross between a fish and an eel. During the day, we’d fish from boats or directly in the rivers, fly rods in hand. At any given spot you stood in, you could look to the skies and see eagles everywhere — no exaggeration. We also tried our hands at tracking grizzly bears, and let me tell you, if you’ve never seen grizzly tracks in person, they’re way bigger than what you’re imagining now. We actually did end up finding a mama grizzly and two of her cubs from across a lagoon, which allowed us to enjoy them from a safe distance. Continued on Page 3 ...
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HOW WE HELPED REVERS ACCIDENTAL DEATH CLAI A CAT, A STAIRWAY, B AND THE BURDEN O
We often talk about how ERISA stinks and that navigating this law can sometimes feel crazy with its insane rules, limitations, and guidelines. The Crazy Laws You Won’t Find Anywhere Else But when it comes to crazy laws — and by crazy, we mean just plain weird — Louisiana boasts more than a few. You may think the laws you deal with in your practice field are absurd, but wait until you read this list of Louisiana’s most outlandish decrees. Only in Louisiana …
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Our client Lisa (not her real name) had her accidental death insurance claim denied by the ERISA Initial Claim Administrator after her husband, George, died from a fractured skull and brain bleed injury. After a few beers, he fell down their home stairway into the basement in Clinton, Michigan, at 11 p.m. on a Saturday.
Louisiana’s Craziest Laws •
It is illegal to urinate in the water supply, and an infraction may cost you up to 20 years in prison. Snoring is prohibited unless all bedroom windows are closed and securely locked.
There were two witnesses to George’s fall: Lisa and their cat Sinbad (for identity protection, not his real name, either).
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You may not put a bed to the “ultimate test” before buying it.
Toxicology results showed George had a blood-alcohol level of .238, nearly three times the Michigan legal driving limit of .08.
• Ordering a pizza to be delivered to your friend without them knowing could land you a $500 fine. • Taxi drivers are prohibited from making love in the front seat of their taxis during their shifts. • New Orleans city commission members may not drink during a public meeting or risk a $50 fine. • One may not host a game at Lafayette Square without a permit. • No-handed bicycle riding is prohibited. Every rider of a bicycle, tricycle, or other vehicle propelled by hand or foot must keep at least one hand on the handlebars while riding. • You may not ride on horseback, drive cattle, or fasten any animal to a tree on a public highway, neutral ground, park, public place, triangle, or sidewalk in the city. • You cannot eat more than three sandwiches while mourning at a funeral wake. • You cannot bring a pet snake within 200 yards of a Mardi Gras parade route. • It is illegal to gargle liquid (or any other substance) in public. • It is illegal for owners of pet alligators to tie their reptiles to fire hydrants. • According to today’s laws, you can be arrested for passing out drunk anywhere in public.
The claim was denied under a Prudential policy exclusion that read: “A loss is not covered if it results from … being under the influence of alcohol or alcohol intoxication, including but not limited to having a
Does your office turn away calls about “long-term disability insurance” claim denials because you don’t handle administrative appeals or “ERISA litigation” in federal court? We want to hear from you! We happily share fees on referred ERISA long-term disability, life insurance, and accidental death insurance denial cases. Send us an email at HelpDesk@jpricemcnamara.com or call (225) 201-8311 to start the referral process! WE VALUE YOUR REFERRALS!
Next time you think you’ve seen it all, remember that Louisiana has probably seen it first — and made a law about it too.
ERISA is all we do!
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SE THIS M DENIAL BEER, OF PROOF
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But the people in this town were just as interesting as the wildlife. Because they’re so far removed from the hustle and bustle of city life and urban living, the typical news we see or the issues we get all tied up in knots about don’t affect them. They only care about having enough food to last the winter and whether or not their homes are bear-proof. Seeing these folks and experiencing the pure wilderness of Alaska gave me perspective, and I think it’s a frame of mind you don’t get until you leave “civilization” for a bit. There’s always so much going on around us that we can’t truly appreciate many worldly wonders unless we break away from human-created cities or routines. These forests, rivers, lagoons, or even bears are not tarnished by people. They continue their own natural processes today, just as they have for thousands of years. It makes you realize that much of the nonsense we worry about today doesn’t really matter. The more pampered and spoiled we become, the more we seek out conflict and fight about things that don’t even make sense. I felt this separation from the nonsense once my family and I removed ourselves from it and lacked all other distractions aside from ourselves. Everything else fell away except the one big, wonderful wilderness before us and each other. The time we spent together became so much more meaningful when we were surrounded by nothing other than natural elements. I write all of this because Sept. 4 was Natural Wildlife Day, and the holiday got me thinking of just how important it is to take time away from the hustle and bustle of life and head outdoors to regain that grounded perspective. I don’t know when our next wilderness trip will be, but I will certainly start planning as soon as I can. Have you taken any wilderness trips lately? I’d love to hear about them! Email me at BriefRecess@jpricemcnamara.com with any stories or pictures from your time in the wild!
blood alcohol level above the limit for permissible operation of a motor vehicle in the jurisdiction where the loss occurred, regardless of whether the person: (a) was operating a motor vehicle, and (b) was convicted of an alcohol-related offense.” Lisa testified that she and George attended a nearby family barbecue from 4:30 p.m. until returning home together at 9:30 p.m. At the barbecue, George drank three 12-ounce light beers. When they got home, their power was out, so they sat outside on their patio to stay cool until 11 p.m., where George had three or four more 12-ounce light beers, before deciding to go inside to bring their dog and cat outside. The power was still out at that time. George approached the darkened outside landing of the door to the house, located at the top of a stairway that led down to their basement, and opened the door. As he took his first step down, Sinbad, mostly black in color, came running up the dark-carpeted stairway. In an attempt to avoid kicking or stepping on the cat, George tripped and fell down the stairway. Sinbad was a bit shaken up but okay with eight lives left. Lisa testified that the amount of alcohol George consumed that night was routine for him on a Saturday, and he was very tolerant of such an amount. He showed no signs of slurred speech, unsteady walking, or any other signs of intoxication when he tripped over Sinbad. We presented Lisa’s testimony, the testimony of others at the barbecue, photos of the dark stairs and black-furred Sinbad, records of the power outage, and the opinion of a toxicology expert on the tolerance and causation issues. Our expert didn’t go so far as to say that more likely than not, alcohol was not a contributing factor, but he convincingly opined that under the undisputed facts (again, only two living witnesses, with Sinbad pleading the Fifth), no toxicologist could reasonably determine that the accident could not have happened in the absence of alcohol. With Prudential bearing the burden of proof on its exclusion, and the policy exclusion requiring a causal link between the alcohol and the fall, the ERISA Plan Appeal Administrator reversed the Initial Claim Administrator’s denial of the claim. Widow Lisa got her deserved benefits, for which George had paid the premium for years to protect her.
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ERISA INSURANCE J. PRICE MCNAMARA Claim Attorney
10455 Jefferson Hwy. Suite 130 Baton Rouge, LA 70809 (225) 201-8311 WinMyBenefits.com
INSIDE THIS ISSUE
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Our Unforgettable Alaskan Adventure
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Louisiana’s Craziest Laws
Liquid Courage or Unfortunate Mishap? Why Burden of Proof Is Everything
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Unsinkable Sam: The Feline Hero of WWII
HOW A WWII CAT SURVIVED 3 SHIP SINKINGS: THE STORY OF UNSINKABLE SAM
You’ve heard the saying, “Cats have nine lives,” and while there are countless tales of cats falling from trees or high-above windows, one cat put this theory to the test, earning himself the name “Unsinkable Sam.” Sam’s original name was “Oscar,” and his legacy began aboard the Bismarck, one of the two first-class Nazi battleships in World War II. The Bismarck (with Sam) was launched on Feb. 14, 1939, and soon after engaged in battle with The Prince of Wales, an Allied battleship. The Nazi ship was severely damaged in this battle and ultimately sunk. Only 118 of the 2,200 crew members survived, plus Sam. The British destroyer HMS Cossack found Sam floating on a board hours later, and they promptly scooped him up and welcomed him aboard. Sam had officially switched sides to the Allied forces. Now on the right side of history, Sam lived with the British crew for the next few months as they performed convoy escort duties — until a torpedo struck the HMS Cossack in October 1941, killing all 139 members aboard. Except for Sam. Once again, Sam clung to a wooden plank and floated safely to the nearby shore of Gibraltar, a British Overseas Territory. British service
members who found him ashore put two and two together and realized the cat — the very one their fellow servicemen saved in 1939 — was the only survivor of HMS Cossack, earning him the nickname “Unsinkable Sam.” The group in Gibraltar was from the HMS Ark Royal crew, and of course, they loaded Sam aboard when it was time to launch. But as Sam’s luck would have it, a torpedo struck the HMS Ark Royal just a month later, leaving him once again clinging to a floating plank near a boat launch back in Gibraltar.
Luckily, Sam’s boating days were over, and he was honorably transferred to the position of “mouse hunter” in the building of the governor-general in Gibraltar. Eventually, the British restationed their favorite floating feline to a “home for sailors” in Belfast, where he lived for the rest of his days until his peaceful passing in 1955.
Sam’s story may not officially prove cats have nine lives, but it makes at least three seem likely!
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