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Consumers Life Insurance Co. v. Smith4/1/1991
accidental, for the term, 'accidental' means that which happens without
intention or design, and which is unexpected, unusual and unforeseen." Plummer, 181 Md. at 142, 28 A.2d 856, citing United States Mutual Accident Assn. v. Barry, 131 U.S. 100, 121, 9 S.Ct. 755, 762, 33 L.Ed. 60, 67 (1889). Moreover, while intoxication may be dangerous and expose the drinker to a risk, it does not bar recovery under an accidental life insurance provision. "Intentional, unnecessary exposure to risks, as well as the negligent creation of risks to one's own safety, may not prevent the result from being accidental." Schwartz v. John Hancock Mutual Life Ins. Co., 96 N.J. Super. 520, 233 A.2d 416, 420 (1967).
The policy itself failed to specifically exclude from its coverage any injury or death caused by driving while intoxicated; such a provision would have eliminated appellant's grounds for this appeal.
The applicable policy provisions specifies in plain, unambiguous, easily understandable language that coverage exists for the type of accident in which the decedent was involved; therefore, we hold that the trial court properly granted summary judgment in favor of the appellee.
JUDGMENT AFFIRMED.
COSTS TO BE PAID BY APPELLANT.
Disposition
JUDGMENT AFFIRMED. COSTS TO BE PAID BY APPELLANT.
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