A federal appeals court Tuesday rejected a ruling in a South Florida case that would have led to sons of a man who died while mountain climbing in a remote area of Pakistan receiving a $500,000 life-insurance payment.
A three-judge panel of the 11th U.S. Circuit Court of Appeals sided with Reliance Standard Life Insurance Co., which denied the claim because the cause of death of Alexander Goldfarb-Rumyantzev was unknown.
The case involved an “accidental death and dismemberment” policy, which would lead to a payment if the death was caused “solely by an accident,” according to the ruling. Goldfarb-Rumyantzev, who is referred to throughout the ruling as Dr. Goldfarb, died in 2021 while attempting to summit Pastore Peak in Pakistan.
His body was never recovered, but the governments of Pakistan and the United States issued presumptive death certificates, and a Massachusetts probate court declared him dead. The man’s sons, Levi and Benjamin Goldfarb, filed the lawsuit after the insurance company denied the claim, and U.S. District Judge Federico Moreno in January 2023 ruled in their favor. But the appeals court reversed the decision.
It pointed to issues such as Dr. Goldfarb, who was a 57-year-old senior medical director at Inozyme Pharma, Inc., trying to summit the mountain after his climbing partner, Zoltan Szlanko, warned against it because of dangerous conditions. The appeals court said it considered whether the insurer had “reasonable grounds” to deny the claim, a finding that would mean the denial was not arbitrary or capricious.
“Indeed, the Goldfarbs’ best guess as to cause of death — that he fell off Pastore Peak, perishing immediately or soon after the fall due to a lack of supplies and hostile weather conditions — was well within the scope of risk contemplated by Szlanko’s warnings,” said the 25-page ruling, written by Judge Jill Pryor and joined by Chief Judge William Pryor and Judge Stanley Marcus.
“It was, therefore, not arbitrary and capricious for the insurer to conclude that a reasonable mountain climber in similar circumstances would foresee this outcome as ‘highly likely to occur.’ Even if such a fall occurred, Reliance Standard still had reasonable grounds for deciding that Dr. Goldfarb’s death was not an accident.”
–News Service of Florida
lady says
not fair. he even had extra coverage. the judges in this state always rule on behalf of the insurance co’s
Joe D says
People need to READ the fine print details of ANY life insurance policy!
I remember, when I purchased my life insurance policy, finding disclaimers for “dangerous” hobbies (I remember things like piloting an airplane, skydiving, and I THINK, SCUBA DIVING). There were additional exclusions for other “high risk” hobbies, I can’t specifically remember.
I’m sure MOUNTAIN CLIMBING would be considered a “high risk” hobby.
My condolences to the family, but given the amount of money involved, NO insurance company is likely to pay out an “accidental death and dismemberment” rider policy without a BODY recovered.
It’s a LEGAL technicality…not a conspiracy by insurance companies.
Robert Joseph Fortier says
This guy had an insurance policy that covered “accidental death and dismemberment” which would lead to a payment if the death was caused “solely by an accident,”
Anonymous says
It is fair, when their dad went up that mountain anyway in harsh, dangerous conditions without proper equipment.
Atwp says
Don’t know too much about the case. I do know insurance companies love to increase the premiums and fight very hard to deny the claim.
Atwp says
Am sorry they lost their Dad.
dave says
Insurance COMPANIES. Total greed, dishonest, shady, crooked, they always spin the claim to where it suits them. Get a good insurances atty, heck you need one these days. Talk about an Election HOT TOPIC that should be forefront in NOV. Stop the insurance madness in this country.