MAMSI Life & Health Insurance v. Callaway

825 A.2d 995, 375 Md. 261, 2003 Md. LEXIS 322
CourtCourt of Appeals of Maryland
DecidedJune 11, 2003
Docket98, Sept. Term, 2002
StatusPublished
Cited by42 cases

This text of 825 A.2d 995 (MAMSI Life & Health Insurance v. Callaway) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MAMSI Life & Health Insurance v. Callaway, 825 A.2d 995, 375 Md. 261, 2003 Md. LEXIS 322 (Md. 2003).

Opinions

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. [265]*265Those 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

[266]*266The 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 [267]*267of 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 [268]*268Policy 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.

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Cite This Page — Counsel Stack

Bluebook (online)
825 A.2d 995, 375 Md. 261, 2003 Md. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mamsi-life-health-insurance-v-callaway-md-2003.