MAMSI Life & Health Ins. Co. v. Callaway

• Decision Date: 11 June 2003
• Docket Number: No. 98,98
• Citation: 825 A.2d 995,375 Md. 261
• Parties: MAMSI LIFE & HEALTH INSURANCE COMPANY v. John W. CALLAWAY.
• Court: Maryland Court of Appeals

825 A.2d 995

375 Md. 261

MAMSI LIFE & HEALTH INSURANCE COMPANY v. John W. CALLAWAY.

No. 98, Sept. Term, 2002.

Court of Appeals of Maryland.

June 11, 2003.

Richard A. DeTar (Demetrois G. Kaouris, Miles & Stockbridge, P.C., on brief), Easton, for petitioner.

John B. Robins, IV (John B. Robins, IV, P.A., on brief), Salisbury, for respondent.

Argued before BELL, C.J., ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA, JJ.

HARRELL, J.

I.

A.

What is autoerotic asphyxiation? Also known also as hypoxyphilia, it is classified as a mental disorder falling into the category of "Sexual Masochism" and involves "sexual arousal by oxygen deprivation obtained by means of chest compression, noose, ligature, plastic bag, mask, or chemicals." Diagnostic and Statistical Manual of the American Psychiatric Association, § 302.83, at 529 (4th ed.) ("DSM-IV"). Suffocation devices are employed for the purpose of "limiting the flow of oxygen to the brain during masturbation in an attempt to heighten sexual pleasure." Todd v. AIG Life Ins. Co., 47 F.3d 1448, 1450 (5th Cir.1995). Nerve centers in the brain are stimulated by asphyxia, which "produces a state of hypercapnia (an increase in carbon dioxide in the blood) and a concomitant state of hypoxia (a decrease in oxygen in the blood), all of which result in an increased intensity of sexual gratification." Padfield v. AIG Life Ins. Co., 290 F.3d 1121, 1125 (9th Cir.2002). The medical literature also informs that, although those who habitually practice autoerotic asphyxiation utilize escape mechanisms to protect against terminal suffocation in the event of a loss of consciousness, unintended deaths sometimes occur, primarily as a consequence of errors in the placement of the noose or ligature or other mistakes. DSM-IV, § 302.83, at 529 (estimating that "two hypoxyphilia-caused deaths per million population are detected and reported each year"). Autoerotic asphyxiation more likely than not, however, results in a nonfatal outcome. Todd, 47 F.3d at 1457. Those who engage in autoerotic activities do not seek to lose consciousness, rather, their "sexuoerotic arousal and attainment of orgasm depend[ ] on self-strangulation and asphyxiation up to, but not including, loss of consciousness." The Autoerotic Asphyxiation Syndrome in Adolescent and Young Adult Males (1996). The optimum degree of that cerebral anoxia (interference with the blood supply to the brain), we are told, is only meant to reach the point at which it is perceived as giddiness, lightheadedness, and exhilaration, which reinforces the masturbatory sensation. Andrew P. Jenkins, When Self-Pleasuring Becomes Self-Destruction: Autoerotic Asphyxiation Paraphilia, The International Electronic Journal of Health Education 209 (2000).

B.

On 5 July 2000, David B. Callaway (sometimes referred to here as the "Insured") was found dead in his home in Wicomico County, Maryland. The circumstances of his death are not in dispute. At the time of his death, he was engaged in an act of autoerotic asphyxiation. The detective investigating the death found his nude body lying on its back. His hands were tied behind his back and his feet were bound together at the ankles with rope. A plastic bag covered his head and a brown belt was tightened around his neck. The wall opposite the body was covered "with a large amount of centerfold pictures of naked females."¹

The autopsy, performed on 6 July 2000, revealed the "immediate cause" of death to be "asphyxiation." The manner of the Insured's death was characterized as an "accident" by the Assistant Medical Examiner who performed the autopsy. The Report of the Post Mortem Examination (the "Report") likewise indicated that the Insured died of "asphyxiation" and the manner of death was described as an "accident." It was also the Medical Examiner's opinion that the elaborate arrangement described in n. 1, supra, was a release mechanism designed by the Insured to prevent ultimate asphyxiation. He further observed that the complexity of the arrangement was typical for that type of erotic activity and concluded that "[t]he results of the autopsy and investigation indicate that the decedent accidentally asphyxiated (suffocated) while engaged in an erotic activity." Mr. Callaway, at the time of his death, owned a life insurance policy (the "Policy") issued by MAMSI Life and Health Insurance Company ("MAMSI"). The designated beneficiaries of the Policy were his brother, John W. Callaway, and his nephews, John Callaway, Jr. and Bennett J. Callaway (the "Beneficiaries"). When the Beneficiaries sought to recover the death benefits under the Policy, MAMSI denied payment. MAMSI claimed that the Insured's death was not the result of an accident, but was instead the result of intentional self-injury.

The Policy provided for the payment of death benefits if the Insured sustained a loss of life "because of an injury caused by an accident." Among the policy exclusions from coverage was one for death resulting from "intentional self-injury." The Policy provided in relevant part:

Accidental Death and Dismemberment Benefits.

Benefit Payable—If an Insured suffers a covered loss because of an injury caused by an accident, the loss must occur within 90 days after the date of the accident. Notice of the loss must be received by us within 30 days after the start of the covered loss. We will pay the benefit amount when we receive proof, satisfactory to us, of a covered loss within 90 days of the date of the loss.

A covered loss means:

loss of life;

....

Benefit Amounts—We will pay the full benefit amount as shown in the Schedule of Benefits for loss of:

life;

....

Exclusions—No benefit will be paid for any loss that results from or is caused directly, indirectly, wholly or partly by:

intentional self-injury, suicide or attempted suicide, while sane or insane;....

(Emphasis added).

On 16 October 2000, the Beneficiaries instituted suit against MAMSI in the Circuit Court for Wicomico County, alleging breach of the insurance contract. MAMSI filed a Motion to Dismiss or, In the Alternative, Motion for Summary Judgment, in response to the complaint. MAMSI asserted that the Insured's intentional act of depriving his brain of oxygen injured it, thereby rendering it incapable of functioning which caused his unintended death. The Insured's death was therefore the result of self-inflicted injury and not covered under the Policy.

The Beneficiaries responded to MAMSI's Motion for Summary Judgment with one of their own. The Beneficiaries argued that the insurance policy provided coverage for death resulting from asphyxiation while voluntarily engaged in autoerotic activity and that the death resulting from such activity was not a "self-inflicted" injury because of the existence of the escape mechanism, indicating the Insured's intent not to injure himself. His injury, therefore, was an accident.

The hearing on the dueling motions was held on 20 February 2001. At the hearing, the parties stipulated that the Policy was unambiguous and that there was no dispute as to material facts. The Circuit Court, therefore, made the following findings:

[I]t appears to this Court as both counsel agree that the policy involved in this case is unambiguous. It provides for the payment of benefits if an insured suffers a covered loss because of an injury caused by an accident. A covered loss is loss of life. So, therefore, if death occurs because of an injury caused by an accident, then there would be the payment of benefits from the Defendant to the Plaintiff. However, if death was not due to an injury caused by an accident, then the policy does not provide coverage.

The Court believes that this case, the policy language is for legal purposes basically the same as the policies that covered death as a result of an accidental means.

I have a great deal of difficulty finding any difference between that language and the language used in this case.

The issue was dealt with in Consumers Life Insurance Company versus Smith, and there, the Court found that when somebody got drunk and drove an automobile and ran into a tree or something of that nature, then the bodily injury was caused by accident.

The Court made the distinction between accidental death and death by accidental means, and the Court used the language, the direct and proximate cause of the death of the insured was an automobile accident. He did not die from intoxication. Had he died from intoxication, then at least in my opinion, there would have been no coverage in that case, and had he died from intoxication, the Court believes that the facts in that case would have been analogous to the facts in this case.

In this case, the insured intended to cut off his air supply. The cutting off of the air supply caused his death. The Court believes that that is not a death caused because of an injury caused by an accident. He intended the act that resulted in his death. So the Court is going to grant the Defendant's Motion for Summary Judgment.

In addition, the Court believes that when you intend to cut off your air supply, you are causing a self-injury and that the exclusion would also apply to exclude benefits in this case. Therefore, the Court will enter Summary Judgment in favor of the Defendant.

C.

The Beneficiaries appealed to the Court of Special Appeals. They argued that the trial court failed to view the facts in a light most favorable to the Beneficiaries and failed to draw reasonable inferences in their favor from the undisputed facts. The determinations by law enforcement officers and medical personnel that the death was an accident should not have been given such short shrift, the Beneficiaries argued. Furthermore, the Beneficiaries contended that the Insured's death was the result of an injury caused by an accident within the meaning of the Policy. They relied on a statement in Consumers Life Ins. Co. v. Smith, 86 Md.App. 570, 587 A.2d 1119 (1991), to support their...