Luanne Kenna Chale v. Allstate Life Insurance Company, an Illinois Corporation
Opinion
Opinion
McKEOWN, J.
In response to a query about why he wanted to climb the world’s tallest mountain, British explorer George Mallory responded, “Because it is there.” As Mallory and others have learned, the lure and mystique of mountain climbing are not without risk of injury, including death. The controversy in this case is whether a climbing death on Mt. Kilimanjaro falls within the meaning of the terms “accidental injury” and “disease” as used in a life insurance policy. Although this inquiry is seemingly straightforward, it turns out that, in the context of insurance law, unraveling the meaning of these simple words is no easy task.
Luanne Chale brought this breach of contract suit against Allstate Life Insurance Company (“Allstate”) after it declined to pay her a $100,000 accidental death benefit under her husband’s life insurance policy. Because her husband’s death from high altitude edema falls within the definition of “accidental injury” and does not fit with the “disease” exclusion of the policy, Mrs. Chale was entitled to summary judgment. Accordingly, we reverse the district court’s grant of summary judgment in favor of Allstate.