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Mon May 21 19:21:42 BST 2007

Can you believe that after all the families have had to go through, now 
this??

Families of two killed in Mercy Flight crash suing AFLAC
Posted on May 16
By the Associated Press

GREAT FALLS (Montana) - The estates of two medical workers killed in a plane 
crash while going to pick up a patient have filed a lawsuit against an 
insurance company alleging it wrongly denied paying death benefits.

Great Falls attorney Gregory Pinski filed the lawsuit Monday against 
Columbus, Ga.-based American Family Life Assurance Company, or AFLAC, on 
behalf of Richard Dengel, the personal representative of the estate of 
flight nurse Darcy Dengel; and Rachelle Erickson, wife of paramedic Paul 
Erickson.

Dengel and Erickson were killed along with pilot Vince Kirol when a Mercy 
Flight plane crashed Feb. 6 northwest of Gallatin Field near Belgrade.

The complaint alleges AFLAC denied accidental death benefits to the families 
of Dengel and Erickson.

In letters denying the death benefits, AFLAC said it limits coverage in 
aviation accidents based on the type of flight. AFLAC says it does not pay 
benefits for accidents or sickness as a result of a covered person 
"participating in any form of flight aviation other than as a fare-paying 
passenger in a fully licensed, passenger-carrying aircraft."

Pinski said the families believe that Erickson and Dengel met the 
requirements for a $40,000 accidental death benefit.

The lawsuit argues that Benefis Healthcare paid the plane's owner, Metro 
Aviation, to carry its employees and patients, and that the plane is a fully 
licensed, passenger-carrying vehicle.

The lawsuit also argues Dengel and Erickson had a reasonable expectation of 
coverage for accidents at work, because the insurance was sold to them at 
work.

The complaint also names Northwest Financial Group and Craig Michelson, the 
independent agents who sold the policies to Dengel and Erickson. NFG and 
Michelson are accused of negligence for selling policies "which the insurer 
contends excludes coverage for deaths occurring in Dengel and Erickson's 
occupation."

Michelson was not in his office Wednesday morning and was unavailable for 
comment.

The suit asks for compensatory damages as defined in the insurance policies, 
unspecified punitive damages, attorney fees and court costs.

The defendants have 20 days from Monday to file a response to the 
allegations, Pinski said. 

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