Collins v. Nationwide Life Insurance

On Remand

D. C. Riley, J.

The Michigan Supreme Court has reversed our original determination of this matter and remanded the case to us for a resolution of whether injury or death resulting from voluntary intoxication can constitute an "accidental injury or death”.

Upon consideration of the issue, we approve and adopt the majority rule that a death or injury is accidental only if the agency effecting the death or injury can be termed accidental, that is, unexpected, unanticipated and unforeseen, irrespective of whether the result so qualifies. See, e.g., Perry v Aetna Life Ins Co of Connecticut,…