Pickard v. Transamerica Occidental Life Insurance

MEMORANDUM OPINION AND ORDER

WOODS, District Judge.

This is a declaratory judgment action for accident benefits under an employee life insurance policy. The facts are uncontro-verted and both parties agree that the case is ripe for summary disposition.

Plaintiffs decedent, Thomas W. Pickard, was admitted to a hospital for the treatment of, among other things, ulcerative colitis. He was scheduled to undergo a colonoscopy. In preparation for that he was given a liter of potassium chloride 20% solution to drink instead of the GoLytely Solution which was intended. As a result of drinking the wrong…