De La Cruz v. Combined American Insurance Co.

REYNOLDS, Justice.

■ Sixteen-month-old Yolanda De La Cruz suffocated when dirt thrown by children got in her nose and mouth. She was insured against accidental death solely caused by injuries occurring from the accidents enumerated in the insurance policy, which listed death “by drowning,” but did not mention suffocation. When the insurance company denied liability, her father-beneficiary brought this suit, contending that Yolanda died as a result of drowning. The sole question is whether the death occurred “by drowning” within the meaning of the insurance coverage. From the stipulated facts,…