Welch v. Professional Insurance Corporation

Deen, Presiding Judge.

The insured and his wife were accidentally killed by breathing carbon monoxide fumes, described in the death certificate as acute carbon monoxide intoxication, while they were in a closed Volkswagen camper with the motor running. The policy provision on which the defendant relied in refusing to pay the death benefit reads: "This policy does not cover any loss incurred as a result of:... (i) taking of poison or asphyxiation from or voluntary inhaling of gas, or fumes. .

The exclusion obviously covers only the voluntary inhalation of a noxious gas. Does the word…