Does a clause in Dimitropolous provide liability for an asphyxiation arising from a seizure?
Alberta, Canada
The following excerpt is from Haekel v. Allstate Insurance Company, 2006 ABQB 163 (CanLII):
In Ward v. Allstate Life Insurance Co. of Canada (1993), 13 C.C.L.I. (2d) 211 (B.C.S.C.), the court considered a clause similar to that considered in Dimitropolous. The court found that plaintiff, who had a history of epileptic seizures, suffered a seizure during the course of which he wedged his head between the bed and the night table such that he was asphyxiated. The insurer denied liability on the basis that the injury was caused by the seizure, and that the continued operation of the seizure caused the asphyxiation because he was unable to extricate himself from his lodged position.
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