THOMAS W. BROWN, JR., and DAWN BALICKI, Special Administrator of the Estate of Margaret Jane Brown, Deceased, Plaintiffs-Appellants,
STONEBRIDGE LIFE INSURANCE COMPANY, a Foreign Corporation, and MONUMENTAL LIFE INSURANCE, a Foreign Corporation, Defendants-Appellees.
Rule 23 Order filed April 11, 2013
Motion to publish allowed May 30, 2013
Defendant insurers were not required to pay benefits to plaintiffs under their mother’s accidental death insurance policies, since her death as a result of accidental fentanyl intoxication that occurred during medical treatment was expressly excluded from coverage by the unambiguous language of the medical treatment exclusion in each policy.
Appeal from the Circuit Court of La Salle County, No. 09-CH-388; the Hon. Joseph P. Hettel, Judge, presiding.
Timothy R. Gatza and William T. Surin, both of Armstrong & Surin, of Ottawa, for appellants.
Jennifer S. Stegmaier and William A. Chittenden, both of Chittenden, Murday & Novotny, LLC, of Chicago, for appellees.
Panel PRESIDING JUSTICE WRIGHT delivered the judgment of the court, with opinion, Justices McDade and O'Brien concurred in the judgment and opinion.
WRIGHT PRESIDING JUSTICE
¶ 1 Plaintiffs Thomas W. Brown, Jr., and Dawn Balicki (collectively plaintiffs) brought an action for declaratory relief against defendants Stonebridge Life Insurance Co. (Stonebridge Life) and Monumental Life Insurance Co. (Monumental Life) asking the trial court to declare that each defendant was liable to pay benefits, to plaintiffs, under accidental death insurance policies issued to their mother, Margaret Jane Brown (Brown). Defendants each moved for summary judgment based on the medical treatment exclusion of their respective policies.
¶ 2 After finding Brown's death arose from the ongoing medical treatment for lower back pain, the court granted summary judgment for each defendant and dismissed the cause of action with prejudice. Plaintiffs appeal the court's decision to grant summary judgment for each defendant. We affirm.
¶ 3 BACKGROUND
¶ 4 On June 4, 2002, Brown enrolled in a group accidental death insurance plan through Monumental Life and named her daughter, appellant Dawn Balicki, as the beneficiary. Monumental Life issued a certificate of insurance to Brown, effective June 12, 2002, providing the terms, conditions, limitations, and exclusions for accidental death and dismemberment benefits in the amount of $25, 000.
¶ 5 On February 24, 2004, Brown applied for additional accidental death coverage with Stonebridge Life, also for $25, 000. Stonebridge Life issued a certificate of insurance to Brown that provided the terms, conditions, limitations, and exclusions for accidental death and dismemberment benefits with an effective date of March 2, 2004, and named both her children, Dawn and Thomas Brown, Jr., as the beneficiaries. These policies remained in effect at the time of Brown's death on December 20, 2007.
¶ 6 Brown suffered from a history of chronic low back pain and had undergone three spine surgeries since 1999. From March 15, 2004, through October 18, 2007, Dr. Maria Pilar Estilo provided medical treatment to Brown for her chronic back pain, including administering epidural steroid injections and prescribing various types of narcotic pain medications. In 2005, Dr. Estilo prescribed a fentanyl patch, a pain medication, and gradually increased the dosage of Brown's fentanyl patch from June 2005 through October 2006. The prescribed dosage, as of October 26, 2006, was 125 micrograms per hour. On October 18, 2007, Dr. Estilo examined Brown and continued the fentanyl patch prescription at the 125-micrograms-per-hour dosage.
¶ 7 On December 20, 2007, Brown died from "Fentanyl intoxication." The death certificate lists the cause of death as "accidental" fentanyl intoxication, in that Brown "[i]ngested [a] lethal amount of Fentanyl." The autopsy report showed that Brown had two fentanyl patches on her upper back at the time of death, a 100-microgram-per-hour patch and a 25-microgram-per-hour patch. However, Dr. Estilo testified that prior to her death, Brown did not exhibit symptoms indicative of fentanyl intoxication during ...