The insured died during coronary bypass surgery due to the unexpected failure of a heart-lung pump.
The trial judge found the death was accidental and that the policy's exclusion for death caused or contributed to by medical treatment did not apply.
The Court of Appeal allowed the insurer's appeal, holding that the clear language of the exclusion applied because the heart-lung pump was a necessary element of the surgical treatment, and its failure directly or indirectly caused or contributed to the death.