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Essay / Research Paper Abstract
A 7 page closed objective legal memorandum regarding a whether or not an insurance company should pay double indemnity for a death in which the deceased died because he placed a noose around his neck and cut off oxygen to his brain during the act of masturbation, suffocating when a pulley system jammed. The writer cites relevant case law and discusses the case relevant to a Missouri jurisdiction. No bibliography provided.
Page Count:
7 pages (~225 words per page)
File: D0_khlmemo.rtf
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his death did not meet the criteria for double indemnity? BRIEF ANSWER Yes, Columbia Insurance Corp. should settle. While the case law regarding the issue of accidental death is
mixed, there is precedent that implies that the insured had reason to believe that his actions were not dangerous based on his past experience. FACTS On New Years
Day, January 1, 2003, Charles Windsor was found dead in his apartment. Mr. Windsor, age twenty-seven and an investment banker, died from asphyxiation, as he appears to have been participating
in a dangerous act of auto-arousal. Mr. Windsor had placed a noose around his neck that was hooked up to a pulley apparatus so that he could, presumably, control the
amount of tension. By restricting the flow of oxygen to his brain, the sensations of masturbation are intensified according to individuals who have survived this procedure. Three people, Windsors
best friend, a roommate from college and his most recent girlfriend, have sworn affidavits that Windsor has used this procedure before, although their accounts differ as to the frequency that
Windsor indulged in this dangerous activity. This time, the pulley mechanism jammed and Windsor suffocated. Columbia Insurance has paid a benefit of $300,000 to Windsors beneficiary, his sister, Anne
Hathaway. However, the Columbia claims department feels that Windsors death does not meet the criteria set forth in his policy covering an additional benefit in cases of accidental death. Ms.
Hathaway filed suit in June. DISCUSSION Should Columbia settle the claim if the plaintiff is likely to survive a motion for summary judgement? As shown in Murphy v.
Western & Southern Life Insurance Co., 262 S.W.2d 340, 342 (Mo. App. St. Louis 1953), when a policy makes "accidental means" a proviso for paying double indemnity, the term "accidental"
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