Clarendon Nat. Ins. Co. v. McAllister, et al.


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Docket Number: 2001-CA-01715-COA

Court of Appeals: Opinion Link
Opinion Date: 02-11-2003
Opinion Author: Southwick,P.J.
Holding: Reversed and Rendered

Additional Case Information: Topic: Insurance - Accidental death
Judge(s) Concurring: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ.
Procedural History: Jury Trial
Nature of the Case: CIVIL - INSURANCE

Trial Court: Date of Trial Judgment: 05-21-2001
Appealed from: Franklin County Circuit Court
Judge: Forrest Johnson
Disposition: JUDGMENT FOR PLAINTIFF MCALLISTER FOR $150,000 REMITTED TO $72,500
Case Number: 99-0081

  Party Name: Attorney Name:  
Appellant: CLARENDON NATIONAL INSURANCE COMPANY




JOEL W. HOWELL



 

Appellee: MICHELLE MCALLISTER, SURVIVING SPOUSE OF DAVID J. MCALLISTER WAYNE DOWDY  

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Topic: Insurance - Accidental death

Summary of the Facts: David McAllister suffered a fatal heart attack while working as an independent contractor driving trucks for SCC Freightways, Inc. One of the benefits provided to him was an occupational accident insurance policy underwritten by Clarendon National Insurance Company which provided that the named beneficiary was due $150,000 in the event the insured suffered an accidental death. When McAllister’s widow made demand upon Clarendon for payment of benefits, Clarendon denied the claim. McAllister filed suit against Clarendon seeking $72,500 rather than the face value because of the decedent's pre-existing heart condition. A jury awarded her $150,000 which the court remitted to $72,500 to conform with the relief sought in the complaint. Clarendon appeals.

Summary of Opinion Analysis: McAllister argues that her husband's death was accidental because he was engaged in routine activity which had a violent and unforeseen result, i.e., a heart attack is a sudden and violent unforeseeable event and therefore an accident. Insurance policies which are clear and unambiguous will be enforced according to their terms. Here, the policy requires a precipitating event unrelated to sickness or disease which results in bodily injury. It applies to only those bodily injuries which result from accidents. The policy also denies benefits if bodily injury results from disease. Mr. McAllister had severe coronary artery disease and could have suffered a fatal heart attack at any time. It was merely coincidental that the disease process from which he suffered manifested itself during working hours. Because there was no ambiguity in this contract for insurance and because the cause of Mr. McAllister’s death was not an accident under the policy, the case is reversed and judgment entered on behalf of Clarendon.


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