Deschler v. Fireman's Fund American Life Insurance Co.

DURHAM, Justice:

The respondent filed suit below to recover insurance benefits under an accidental *98death policy which excludes coverage for death resulting from the use of a “device for aerial navigation.” On opposing motions for summary judgment, the lower court granted judgment in favor of the respondent, thereby holding as a matter of law that the insured, who died in an accident involving a water ski kite, was not using a “device for aerial navigation” within the meaning of the policy’s exclusionary clause. We reverse.

The facts as produced by the parties in support of their opposing…