SEATTLE – For the first time, a family has filed a lawsuit under the new Insurance Fair Conduct Act, which voters passed last November as Referendum 67.

Jodi Lynn Scanlon is suing CIGNA Group Insurance, claiming CIGNA wrongly denied accidental death insurance benefits stemming from her husband's death.

The Vashon Island woman says her husband Michael, who had been diagnosed with Multiple Sclerosis, died from an accidental fall in November 2006.

"Had a cerebral hematoma," said Jodi. "Went to the hospital.  That was a long ferry ride.  By the time we got there, he was brain dead."

But Jodi says the pain became greater after her insurance company, CIGNA, denied her $500,000 accidental death insurance policy, claiming that Michael's pre-existing condition and a heart attack contributed to the long time United Way employee's death.

Jodi's lawsuit asks for up to $1.5 million in damages.  She and her attorney say they believe it's the first lawsuit of its kind since the passage of R-67, which makes it unlawful for insurers to unreasonably deny a claim for coverage or payment to any person who will benefit from a claim.

"It was just a medical excuse to deny a claim to a widow," said attorney Mike Nelson.

CIGNA responded with the following statement:

"CIGNA Group Insurance determined, based on extensive medical review, that the unfortunate circumstances of Mr. Scanlon's death were not covered under the terms of the accidental death insurance policy.  CIGNA Group Insurance will fully explain its position within the context of the litigation."