Collins v. Nationwide Life Insurance Company

Plaintiff’s husband died on December 29,1973, as a result of acute alcoholic intoxication. An autopsy disclosed that the deceased had a blood alcohol level of .37 percent. Dr. Spitz, who performed the autopsy, testified, by deposition, that the abnormally high blood alcohol level resulted in fluid accumulation in decedent’s lungs which caused a strain on his heart and, ultimately, his death. There was no evidence of external injury, other than a superficial abrasion which was unrelated to the cause of death.

Defendant insurance company paid plaintiff $10,000, the face amount of an accidental…