Doris Meusy v. Montgomery Ward Life Insurance Company

Good Law
91 Daily Journal DAR 10542·943 F.2d 1097·1991 WL 163774·1991 U.S. App. LEXIS 19823·91 Cal. Daily Op. Serv. 6901
United States Court of Appeals for the Ninth CircuitAugust 28, 199190-35762California1,474 words

Opinion

Opinion

Nelson, J.

Montgomery Ward Life Insurance Company appeals the district court’s judgment in favor of Doris Meusy in her diversity action to recover insurance benefits arising from the death of her husband. Because the court’s finding that Mr. Meusy’s death from a self-inflicted gunshot wound to the chest was proximately caused by a car accident is not supported by the evidence and its reliance on Norbeck v. Mutual of Omaha Insurance Co., 3 Wash.App. 582 , 476 P.2d 546 (1970), review denied, 79 Wash.2d 1001 (1971), was misplaced, we reverse.

BACKGROUND

On September 2,1983, Merlin Meusy was severely injured in a car accident, suffering injuries to his back and head, including permanent disfigurement of his left ear. According to Mr. Meusy’s wife and son, Mr. Meusy was upset by his ear injury and he grew his hair longer to cover it. After the accident, Mr. Meusy stayed home more and stopped attending sporting events. According to Mrs. Meusy and Mr. Meusy’s son, Merlin Meusy suffered from headaches after the accident. Mr. Meusy was able to return to his employment approximately one month after the accident.

On December 2, 1983, Mr. Meusy, a recovering alcoholic who had been sober for a number…

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