LDS Hospital, a Division of Intermountain Health Care, Inc. v. Capitol Life Insurance Co.

I dissent. I cannot agree that for the purposes of the instant case, the exception *862in the insurance policy is so ambiguous that it cannot be applied here. That exception provides that Capitol will not pay charges “arising out of. an attempt at assault or felony.” Similarly worded exceptions are commonly found in health and accident policies and in double indemnity clauses in life insurance policies. While this particular language could have been written more artfully, for the purposes of the instant case it is clear to me that at a minimum, Capitol did not want to be liable for medical and…