Martin v. American International Assurance Life Co., [2003] 1 S.C.R. 158, 2003 SCC 16, 2003 SCC 16 (2003)
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Martin v. American International Assurance Life Co., [2003] 1 S.C.R. 158, 2003 SCC 16, 2003 SCC 16 (2003)
Martin v. American International Assurance Life Co., [2003]
1 S.C.R. 158, 2003 SCC 16American International Assurance Life Company Ltd.and American Life Insurance Company Appellants v.Dorothy Martin RespondentIndexed as: Martin v. American International Assurance Life Co.Neutral citation: 2003 SCC 16.File No.: 28540.2002: October 28; 2003: March 21.Present: McLachlin C.J. and Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour, LeBel and Deschamps JJ.on appeal from the court of appeal for british columbiaInsurance - Life insurance - Interpretation of accidental death benefit provision in policy - Insured dying from overdose caused by intravenous injection of Demerol - Accidental death benefit provision stipulating coverage would be provided only for deaths effected through "accidental means" - Whether category of deaths caused by "accidental means" narrower than that of "accidental deaths" - Whether insured's death effected through "accidental means".The insured, Dr. E, was a physician who developed an addiction to opiate medications. He completed a residential treatment program. However, after a painful orthopaedic injury, he became physiologically dependent on both morphine and Demerol and was placed on a program of gradual withdrawal from these drugs. Dr. E was found dead in his office and the coroner concluded he died from an overdose caused by an intravenous injection of Demerol. The level of Demerol found in his blood was at the low end of the range for lethal doses. Dr. E's life insurance policy stipulated that coverage would be provided only for deaths effected through "accidental means". At trial, the claim for coverage under the provision was dismissed. The Court of Appeal allowed the appeal and determined that the respondent beneficiary could recover under the policy.Held: The appeal should be dismissed.The phrase "accidental means"...See the full content of this document
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