COLLINS v. NATIONWIDE LIFE INS. CO.

Docket No. 78-5527.

90 Mich. App. 399 (1979)

282 N.W.2d 8

COLLINS v. NATIONWIDE LIFE INSURANCE COMPANY

Michigan Court of Appeals.

Decided May 22, 1979.


Attorney(s) appearing for the Case

LaBarge, Zatkoff & Dinning, P.C. (by Timothy R. Sinclair), for plaintiff.

Robert B. Tatham (Norman L. Zemke, of counsel), for defendant.

Before: M.F. CAVANAGH, P.J., and J.H. GILLIS and D.C. RILEY, JJ.


ON REMAND

D.C. RILEY, J.

The Michigan Supreme Court has reversed our original determination of this matter and remanded the case to us for a resolution of whether injury or death resulting from voluntary intoxication can constitute an "accidental injury or death".

Upon consideration of the issue, we approve and adopt the majority rule that a death or injury is accidental only if the agency effecting the death or injury can be termed accidental, that...

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