Connecticut General Life Insurance v. Aguilar

MEMORANDUM AND ORDER

MORAN, District Judge.

Raymond Aguilar, Sr. was insured under an accidental death and dismemberment insurance policy issued by the plaintiff. The policy excluded any direct or indirect loss caused by “disease, whether the disease is the proximate or a contributing cause of the loss.” The insured was killed during an exchange of gunfire with Chicago police officers on January 26, 1981. His wife and children filed claims as beneficiaries. Plaintiff filed this action seeking a declaratory judgment that its policy did not apply to Aguilar’s death.

On August 30, 1982 this court…