Insurance Coverage- Independent Concurrent Cause Rule

Listen to this article

WI Court of Appeals – District III

Case Name: Bernice Russell v. CMFG Life Insurance Company

Case No.: 2022AP000747

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Insurance Coverage- Independent Concurrent Cause Rule

Russell appeals from an order dismissing her complaint on summary judgment after the circuit court determined that there was no coverage for her husband’s death under a credit life insurance policy issued by CMFG Life Insurance Company (CMFG). The policy provided coverage for all deaths, subject to an exclusion for deaths occurring within six months of the effective date of the policy and resulting “directly or indirectly” from a pre-existing condition. It is undisputed that Russell’s husband’s death occurred within six months of the policy’s effective date and resulted in part from a pre-existing condition. The policy exclusion for pre-existing conditions applies. Russell’s argument that the policy provides coverage for her claim based on the application of the independent concurrent cause rule was rejected. While Russell cites a number of cases in which the independent concurrent cause rule was applied, none of those cases involved life or credit life insurance. Russell has failed to present any legal authority for the proposition that, in Wisconsin, the independent concurrent cause rule applies in those contexts.

Affirmed.

Decided 06/13/23

Full Text