Wetzel v. Westinghouse Electric Corporation

393 A.2d 470 (1978)

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Nature of the Case

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Facts

Willy C. J. Wetzel died on March 16, 1975, at the hands of his son, Roy Wetzel. Willy and Roy were experts in martial arts, including karate, and operated a school. Roy had been working on his father's income tax return. Willy visited his son and began reading the completed tax forms. As Willy started to sign the tax forms, he threw the pen against the drapes and began to scream obscenities. He walked toward the front door mumbling that he was going to lose his house, car, and everything. Grabbing a Hawaiian sword, Willy Wetzel turned and let out a battle cry called a 'kewah.' The fight began. Willy began to remove the sword from its case when Roy attempted to grab the case. Willy kicked Roy and the sword was bent in half. The hand-to-hand fight continued for approximately twenty-five minutes. Roy made several attempts to reach the telephone to call for help but was stopped each time by his father's tactics. Finally, Roy placed nanchukas sticks, used in karate, around his father's head to try to render him unconscious. Shortly after that Roy realized his father was dead. Roy was charged with murder and voluntary manslaughter and was acquitted of both charges. The Benefit Provisions of the Certificate of Insurance, in this case, read in part: 'If, while insured under the Group Policy for Personal Accident Insurance, the Employe sustains bodily injuries solely through violent, external and accidental means, and within ninety days thereafter suffers any of the losses specified in Section C hereof as a direct result of such bodily injuries independently of all other causes, the Insurance Company shall pay the amount of the insurance specified for such loss . . . provided, however, that in no case shall any payment be made for death or any other loss which is: . . . (D) caused by or resulting from intentional self-destruction or intentionally self-inflicted injury, while sane or insane.' P submitted a claim for accidental death and it was denied. P sued for the benefits and the court entered summary judgment for the insurance company (D). P appealed.