High Court Wellington
26 October; 13 November 1989
Jeffries J
26 October; 13 November 1989
Jeffries J
Insurance — Accident insurance — Death by accident — Fatal reaction to anaesthetic — Deceased was insured under personal disability policy which included cover for death by accident — Deceased died as a result of an adverse reaction to an anaesthetic administered before a hysterectomy operation — Expert evidence was given that the deceased's reaction to the anaesthetic was unexpected and could not have been reasonably predicted beforehand; and that such a reaction occurred in about one in 5000 administrations of which about 4% terminated fatally — Whether a death which had been caused by an unexpected and rare adverse reaction to a properly administered anaesthetic was a death by accident — Whether deceased had cover under the policy.