McKinnon v. Republic National Life Insurance

(concurring) — I concur in the result reached by the majority. However, I believe Mrs. McKinnon's case highlights the pressing, if not urgent, need for a reexamination of the rule to which the courts of this state now pay allegiance and appear to be committed.

First, the cases in which our Supreme Court has invoked the Zinn-Euans2 rule and not found accident are distinguishable on their facts from the case at bar; these cases involved an intentional act which resulted in death because some internal condition made the decedent predisposed to *861the injury, which occurred in the performance of an…