The insured died from an amniotic fluid embolism during childbirth.
Her husband claimed the accidental death benefit under her life insurance policy.
The insurer denied the claim, arguing the death was not an accident and was excluded as a physical illness.
The motions judge found the death was an accident and not an illness.
The Court of Appeal allowed the insurer's appeal, holding that the expectation test for accidental death does not apply to deaths from natural causes, and that an amniotic fluid embolism is a physical illness within the policy's exclusion clause.
