The Defendant has relied instead on the decision of Mr. Justice Chadwick in Gardner v. Laurention Life Inc. [1995] O.J. No. 465. The applicant brought an application for payment of benefits under a group insurance policy, pursuant to the accidental death and dismemberment provisions of that policy. The word ‘accident’ was defined as an accidental bodily injury caused solely by external violent and accidental means, independently of all other causes. The applicant’s husband was struck by a stray bullet accidentally discharged by a police officer. During the course of treatment his bullet wound, it was discovered that the husband, unknown to him, suffered from an advanced stage of cancer of the liver and had a few months to live.
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