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Green v. Voyager Property and Casualty Insurance Co.9/24/2002
a question for the factfinder exists and summary disposition is not appropriate. Id.
Here, the insurance policy unambiguously provides that benefits will be paid when " eath occurs as a direct result of Injury " and defines injury to mean "bodily injury caused by an accident." The definition further provides that " he Injury must be the direct cause of loss and must be independent of all other causes. The Injury must not be caused by or contributed to by Sickness, Illness or Disease." [Emphasis supplied.] Given the medical evidence in this case, reasonable minds cannot differ with respect to the application of the contract language to the undisputed material facts. Clearly, diabetes is a sickness, illness or disease, and plaintiffs' own medical experts opined that the requirements for the colonoscopy procedure combined with her insulin dependent condition and the alleged malpractice of the doctor performing the procedure and contributed to Green's death.
Even if we were to assume that the circumstances here equate with the definition of injury contained in the policy, the exclusion concerning " ickness or its medical or surgical treatment, including diagnosis" applies in these circumstances. Green consulted with her treating physicians complaining of constipation and the colonoscopy was utilized as a diagnostic tool, the preparation for which and the result of which plaintiffs' experts opined conflicted with her normal insulin intake due to diabetes and contributed to her death. The trial court properly granted summary disposition in favor of defendant.
Affirmed.
Peter D. O'Connell
Richard Allen Griffin
Joel P. Hoekstra
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