Buck v. Gulf Life Insurance Co.

STONE, Judge.

The beneficiary under an accidental death insurance policy appeals from a final summary judgment for the insurer. We reverse. The insured drowned when his car inexplicably rolled off the road and overturned into a canal. The insured at the time had a high blood alcohol level and had been taking tranquilizers. He had been drinking heavily for several months and had an alcohol problem. The insured was involved in a program treating him for depression, anxiety, and problems related to his alcohol abuse, and had been hospitalized for these in the week preceding his death.

The trial…