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KENNEDY v. WASHINGTON NAT. INS. CO.

No. 86-0795.

136 Wis.2d 425 (1987)

401 N.W.2d 842

Sandra C. KENNEDY, Plaintiff-Respondent, v. WASHINGTON NATIONAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 13, 1987.

Attorney(s) appearing for the Case

For defendant-appellant, Washington National Insurance, briefs were submitted by Thomas D. Bell, of Doar, Drill & Skow, S.C., of New Richmond.

For plaintiff-respondent, Sandra C. Kennedy, a brief was submitted by John F. Wilcox, of Wilcox & Wilcox, of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The sole issue on appeal is whether the term "accidental death" in Washington National Insurance Company's life insurance policy includes death by autoerotic asphyxiation. The trial court concluded in its summary judgment that the death by autoerotic asphyxiation was accidental. We agree.

The parties stipulated to the facts. On the afternoon of October 24, 1984, Richard Kennedy, a practicing orthopedic surgeon, engaged in an autoerotic sexual act...

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