Luanne Kenna Chale v. Allstate Life Insurance Company, an Illinois Corporation

McKEOWN, Circuit Judge:

In response to a query about why he wanted to climb the world’s tallest mountain, British explorer George Mallory responded, “Because it is there.” 1 As Mallory and others have learned, the lure and mystique of mountain climbing are not without risk of injury, including death. The controversy in this case is whether a climbing death on Mt. Kilimanjaro falls within the meaning of the terms “accidental injury” and “disease” as used in a life insurance policy. Although this inquiry is seemingly straightforward, it turns out that, in the context of insurance law, unraveling…