What is the effect of food particles lodged in the windpipe of an insured who vomites during surgery?

Alberta, Canada


The following excerpt is from Koch v. Empire Life Insurance Company, 1981 CanLII 1207 (AB QB):

In Life & Casualty Ins. Co. of Tennessee v. Brown (1956), 5 Ga. App. 354, 98 S.E. (2d) 96, reversed 99 S.E. (2d) 98 (S.C.), the insured, while being administered ether, vomited and the food particles in his stomach lodged in his windpipe causing anoxemia of the brain resulting in his death. In giving judgment, Townsend J. said in part at p. 371: "Here the patient, while being operated on for appendicitis, was injured by accidental means (the lodging of food particles in his windpipe) which injury caused his death."

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