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Before Torruella, Lipez, and Howard, Circuit Judges.

This case requires us to determine whether the plan administrator of an employee benefits plan governed by the Employees Retirement Income Security Act (“ERISA”), 29 U.S.C. ** 1001-1461, may reasonably conclude that the insured, who was killed in a one-car collision with a tree while driving with a blood alcohol content (“BAC”) of three times the legal limit, did not die as a result of an “accident” for purposes of his Accidental Death and Dismemberment (“AD&D”) life insurance policies. After careful review of the developing federal common law under ERISA, we uphold the plan administrator’s determination that, in this case, the insured was so highly intoxicated that his death was not an “accident.” In so doing, we affirm the judgment of the district court.

I.

 
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