(DOWNLOAD) "Carroll V. Cuna Mutual Insurance Society" by Colorado Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Carroll V. Cuna Mutual Insurance Society
- Author : Colorado Supreme Court
- Release Date : January 24, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
We granted certiorari to review the decision of the Colorado Court of Appeals in Carroll v. CUNA Mut. Ins. Society, 876 P.2d 75 (Colo. App. 1994). The plaintiff, Lyman Carroll, sought declaratory relief determining that benefits were payable to him as the sole beneficiary under a policy of accidental death insurance issued by the defendant, CUNA Mutual Insurance Society (CUNA), and insuring Mr. Carroll's wife, Marie Carroll. At issue was whether Mrs. Carroll's death, which resulted from a massive intracranial hemorrhage caused in turn by the rupture of a preexisting cerebral aneurysm during sexual intercourse with her husband, was a covered event under the policy. The district court determined that Mrs. Carroll's death was not caused by an accident as required by the policy and entered judgment for CUNA. The court of appeals affirmed on a different rationale, noting that the policy language required not only that death be caused by an accident but also that it must result directly and independently of all other causes. The court of appeals held that the circumstances of Mrs. Carroll's death did not meet this latter requirement because under the court's construction, the requirement is not satisfied "when the injury or death is due, even in part, to a preexisting bodily infirmity." Id. at 76. Although we interpret the relevant language in the policy more narrowly than did the court of appeals, we agree that as properly construed, CUNA's policy does not provide coverage for Mrs. Carroll's death. We therefore affirm the judgment of the court of appeals.
 "Carroll V. Cuna Mutual Insurance Society" by Colorado Supreme Court * eBook PDF Kindle ePub Free){kind=link}