Olson
Olson v. American Bankers Insurance Co. of Florida
Opinion
Opinion
Reardon, J.
Introduction
This case arises from the failure of the American Bankers Insurance Company of Florida (American Bankers) to pay accident policy benefits after an insured, Phyllis Olson, drowned in a hot tub. Prior to her death, the insured had ingested a quantity of both alcohol and Valium. American Bankers refused payment based upon a policy exclusion for loss caused wholly or in part, directly or indirectly, by intoxicants. After a jury trial, a verdict was returned against the insurance company. American Bankers appealed.
In this appeal, the insurance company asserts several errors, chief among them: (1) whether the presumption of accident instruction given by the trial court was inconsistent with the requirements of the policy; (2) whether the trial court improperly refused to give defendant’s proffered instructions on the definition of “accident”; (3) whether the trial court erred by excluding evidence of a prior warning not to mix alcohol and Valium; and (4) whether the trial court committed error when it instructed that the influence of alcohol had to be the proximate cause of the death.