Travel Reference
In-Depth Information
general, proof of death that is adequate for administration of the estate is sufficient for life
insurance.
Adifferentproblemisassociatedwithinsurancethathadadoubleindemnityclausethat
paystwicethefaceamountofinsuranceifdeathisaccidental.Oftenanexactcauseofdeath
must be ascertained. For example, after a fall the question of whether death resulted from
a heart attack that precipitated the fall might be raised. If a heart attack caused the fall, but
injuries incurred in the fall killed the person, death usually would be considered accidental
and the double indemnity provision would apply. If the individual died before the fall as
the result of a heart attack, death would not have been accidental and the double indemnity
provision would not apply. Deciding which occurred may be impossible. For automobile
accident deaths in which the injured person has a heart attack and then crashes a vehicle,
double indemnity is commonly paid because injuries from the wreck cannot be proven not
to have caused the person's death. (Many individuals survive heart attacks.)
The best method for answering such questions is to carefully examine the accident site
and the injured persons, thoroughly question all witnesses to the accident, and write down
the details as soon as possible. The body still may have to be evacuated for an autopsy to
establish the cause of death.
ETHICAL AND LEGAL RESPONSIBILITY
With hundreds of thousands—even millions—of persons of all ages and abilities going to
altitudes that may present hazards for their health, an inevitable question arises: Who is re-
sponsible for their safety? The obvious and overly simple answer is the individual, which
is correct in the final analysis. Whoever decides to go in harm's way should do so with
foreknowledge and with reasonable preparation and understanding.
Risk is an important part of life. Testing limits fuels growth. Challenge has led people
to use fire, to traverse oceans and deserts, to climb the highest mountains, and to journey
into space. The risk-free life may not be worth living, but those who take risks and expect
to survive must plan ahead and prepare as well as possible.
What about the naïve individual who seeks a simple adventure—perhaps a visit to a
mountain resort and a chairlift ride up a mountain. The person who pays has a right to ex-
pect the chair not to fall. If it does fall, the person blames the owner or operator. But if that
person develops altitude illness and must be hospitalized—perhaps even dies—who is at
fault? Failure to know in advance that one might get sick should no longer be an excuse
after all that has been written on the subject. Failure to seek help is more the fault of the
individual than anyone else, but absence of an adequate help facility may be blamed on the
owner of the resort. Hundreds of damage suits for such errors have been filed. Some are
justified; many are not.
When a climber goes with a few friends to an alpine peak and falls, or is stranded
by storm or illness, where should that person turn for help? In areas where thousands of
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