The Ontario Court of Appeal overturned the finding of the motions judge on a Rule 21 procedure and ruled that the death of an insured during childbirth from an amniotic fluid embolism did not result from an “accident”. For this reason, and because amniotic fluid embolism was found to be a physical illness which constituted an exclusion, coverage under the terms of the accidental death benefit rider was denied.
Wang v. Metropolitan Life Insurance Co., [2004] O.J. No. 3525, Ontario Court of Appeal