Austin v. Cuna Mutual Life Insurance Co.

LARSON, Justice.

The plaintiffs fourteen-year-old daughter, Rachel, died during surgery to repair a defective aorta. The plaintiff had an accidental death policy with CUNA Mutual Insurance Company, which refused to pay accidental death benefits. The district court granted summary judgment against the plaintiff, who appealed. We affirm.

I. Facts and Proceedings.

The summary judgment record shows these undisputed facts. Rachel suffered from subaortic, aortic, and supra-aortic stenosis, which is a multilevel narrowing of the aorta or its orifice due to lesions of the wall with scar formation.…