Cheney v. Bell National Life Insurance

McAULIFFE, Judge.

This case involves the proper interpretation of a policy of insurance. The controlling facts are not in dispute. Petitioner is the surviving spouse of Anthony C. Cheney, (hereinafter “the insured”), who died in 1982. There was in effect at the time of his death a policy of insurance issued by respondent, under the terms of which respondent agreed to pay a designated amount in the event of the accidental death of the insured, subject to certain exclusions. The exclusion involved here is as follows:

The policy does not apply to any loss ... caused by or resulting from ...…