French v. New York Life Ins.

By Judge Randall G. Johnson

In this action, which is before the court on the parties’ cross motions for summary judgment, plaintiff seeks payment of $50,000 under the “double indemnity” provision of a life insurance policy. At issue is whether plaintiff’s son’s death from a drug overdose, specifically cocaine and morphine (heroin) poisoning, is “accidental” as that term is used in the policy. The court holds that it is not.

The facts are not in dispute. In 1987, plaintiff purchased from defendant, New York Life Insurance Company, a $50,000 insurance policy on the life of his son, who was then…