Kennedy v. Washington National Insurance

The sole issue on appeal is whether the term "accidental death” in Washington National Insurance Company’s life insurance policy includes death by autoerotic asphyxiation. The trial court concluded in its summary judgment that the death by autoerotic asphyxiation was accidental. We agree.

The parties stipulated to the facts. On the afternoon of October 24,1984, Richard Kennedy, a practicing orthopedic surgeon, engaged in an autoerotic sexual act in the basement bathroom shower of his home. Before engaging in this act, he place a rope around his neck to reduce the supply of oxygen to his brain,…