Weil v. Federal Kemper Life Assurance Co.

I dissent.

In my view we should grasp this opportunity to abrogate the archaic and arcane distinction between “accidental death” and “death by accidental means,” and thereby join the modern trend in the majority of our sister states which have either abolished the distinction or refused to recognize it in the first place. I further believe that we should adopt an analysis recently devised by the federal courts for determining when a death is “accidental” for insurance law purposes, and that under that test the death of the insured herein was accidental and his beneficiaries are entitled to…