Spott v. Equitable Life Insurance

DRAPER, P. J.

This case requires construction of life insurance policy provisions calling for additional indemnity if death of the insured resulted from “bodily injuries effected solely through external, violent and accidental means. ’ ’ Plaintiffs are beneficiaries of two policies upon the life of one Spott in the aggregate face amount of $75,000. That amount has been paid, and only the provision for payment of $25,000 additionally is here in issue. Judgment was for plaintiffs and defendant appeals.

The body of decedent was found shortly after 2 p. m. in the bedroom of a motel apartment. Autopsy fixed time of death at approximately 3 a. m., and cause of death as “asphyxia due to bronchial aspiration of regurgitated gastric contents.” Blood alcohol content was .246 per cent. There is medical evidence that irritation of the stomach by alcohol caused the vomiting, which brought into the throat partially digested stomach contents. These were in a semiliquid or mushy state. There is no evidence of the presence of any wholly undigested pieces of food. A muscle, the epiglottis, serves to close the entrance to the trachea, or windpipe, when food or drink is being swallowed, and to open it for breathing. These are reflex actions. In decedent’s case, however, the alcohol he had consumed affected the central nervous system to the extent of slowing or impeding such reflexes. As a result, the glottis remained open, despite the presence of vomitus in the throat. When decedent took a breath the semiliquid material was

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sucked into the bronchial tree, blocking the air passages and causing suffocation.

These facts are set forth in the findings, and are not disputed. The sole question is whether they show that death resulted from “bodily injuries effected solely through external, violent and accidental means.” We have concluded that there was no external means of death here.

In a broad sense, it is semantically possible to view every cause of death as internal. Although the inducing cause be a blow or a bullet, the ultimately effective cause of death is the cessation of functioning of some vital organ, as the heart or lungs. At the other extreme, it may be argued that a great many deaths result from originally external causes, as by the introduction into the system of infection of any sort, long-term dietary excesses, smoking habits, etc. Obviously, neither of these extremes may be resorted to in interpretation of the policy language. Rather, we must look to the normal interpretation of the words used.