Quek Kwee Kee Victoria v American International Assurance: Accident Insurance & Drug Overdose
Quek Kwee Kee Victoria and Ker Kim Tway, executors of the estate of Quek Kiat Siong, sued American International Assurance Company Ltd and AIA Singapore Pte Ltd in the High Court of Singapore before Judith Prakash J, seeking recovery under two personal accident insurance policies. The defendants rejected the claim, arguing the death was not accidental but due to mixed drug intoxication. The court dismissed the plaintiffs' claims, finding that the deceased had likely deliberately consumed an overdose of medication, and therefore the death was not an accident covered by the policies.
1. Case Overview
1.1 Court
High Court of the Republic of Singapore1.2 Outcome
Plaintiffs' claims dismissed with costs.
1.3 Case Type
Civil
1.4 Judgment Type
Judgment
1.5 Jurisdiction
Singapore
1.6 Description
Accident insurance claim denied. The court found the deceased's death was due to a drug overdose, not an accident, despite prescribed medication.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| AIA Singapore Pte Ltd | Defendant | Corporation | Judgment for Defendant | Won | |
| AMERICAN INTERNATIONAL ASSURANCE COMPANY, LTD | Defendant | Corporation | Judgment for Defendant | Won | |
| Quek Kwee Kee Victoria | Plaintiff | Individual | Claim Dismissed | Lost | |
| Ker Kim Tway | Plaintiff | Individual | Claim Dismissed | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Judith Prakash | Judge | Yes |
4. Counsels
4. Facts
- Mr. Quek was found dead in his bedroom on August 4, 2012.
- The cause of death was determined to be multi-organ failure due to mixed drug intoxication.
- Mr. Quek was insured under two personal accident insurance policies.
- Four different drugs were found with elevated levels in Mr. Quek's blood.
- Mr. Quek had been prescribed multiple medications for chronic back pain, insomnia, depression, and anxiety.
- The Coroner's Certificate stated that the deceased took an overdose of his prescription drugs with the intention of ending his life.
- The levels of bromazepam, duloxetine, mirtazapine, and olanzapine were elevated in the deceased's blood.
5. Formal Citations
- Quek Kwee Kee Victoria (executrix of the estate of Quek Kiat Siong, deceased) and another v American International Assurance Co Ltd and another, Suit No 820 of 2014, [2016] SGHC 47
6. Timeline
| Date | Event |
|---|---|
| PA24 Hour Plan, Personal Accident Policy issued. | |
| AIA Platinum Protector, Personal Accident Policy issued. | |
| Mr. Quek consulted Dr. Yeo for chronic back pain. | |
| Dr. Ang began treating Mr. Quek for insomnia, depression, and anxiety. | |
| Mr. Quek admitted to Mount Elizabeth Novena Hospital. | |
| Dr. Ang last saw Mr. Quek in the hospital. | |
| Mr. Quek discharged from Mount Elizabeth Novena Hospital. | |
| Mr. Quek found dead in his bedroom. | |
| Autopsy performed on Mr. Quek. | |
| Initial Autopsy Report issued. | |
| Finalized Cause of Death document issued by HSA. | |
| Mr. Quek’s family found out about the Coroner’s verdict. | |
| Plaintiffs started action to enforce recovery. | |
| Trial began. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial. | |
| Trial concluded. | |
| Judgment reserved. |
7. Legal Issues
- Interpretation of 'Accident' in Insurance Policies
- Outcome: The court held that a deliberate consumption of drugs which leads to unforeseen clinical effects can be classified as an “accident” within the Platinum Policy.
- Category: Substantive
- Sub-Issues:
- Voluntary act with unexpected consequences
- Unforeseen and involuntary event
- Causation of Death
- Outcome: The court found that the deceased had consumed overdoses of at least olanzapine, duloxetine and mirtazapine, and that this was the cause of his death.
- Category: Substantive
- Sub-Issues:
- Drug overdose
- Post-mortem redistribution of drugs
- Drug interactions
8. Remedies Sought
- Recovery of insured sums under personal accident insurance policies
9. Cause of Actions
- Breach of Contract
10. Practice Areas
- Insurance Litigation
- Commercial Litigation
11. Industries
- Insurance
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Fenton v J Thorley and Co Ltd | House of Lords | Yes | [1903] AC 443 | United Kingdom | Cited for the proposition that the word “accident” in the context of insurance claims should be construed in its “popular and ordinary sense” which will include an “unlooked mishap or untoward event which is not expected or designed”. |
| In re United London and Scottish Insurance Company, Limited | Court of Appeal | Yes | [1915] 2 Ch 167 | United Kingdom | Cited by the defendant to support the argument that the definition in the Platinum Policy must be construed strictly and must override any common law definition of 'accident'. The court distinguished this case. |
| Glenlight Shipping Ltd v Excess Insurance Co Ltd | Court of Session | Yes | [1981] SC 267 | United Kingdom | Cited to support the view that the ideas of involuntariness and unforeseeability are inextricably linked with the idea of accident. |
| Martin v American International Assurance Life Co | Supreme Court of Canada | Yes | [2003] SCC 16 | Canada | Cited as a directly relevant case where the insured died from an overdose of Demerol, and the Supreme Court of Canada found that the insured did not intend to die despite having voluntarily injected himself with Demerol. His death was held to be caused by an “accident” within the policy. |
| Nichols v Unicare Life & Health Ins Co | United States Court of Appeals for the Eighth Circuit | Yes | 739 F.3d 1176 (8th Cir, 2014) | United States | Cited as a case where the United States Court of Appeals for the Eighth Circuit allowed recovery for an insured who died from mixed drug intoxication under an accidental death and dismemberment insurance plan. |
| Groves v AMP Fire & General Insurance Co (NZ) Ltd | High Court of New Zealand | Yes | [1990] 1 NZLR 122 | New Zealand | Cited as a case from the New Zealand courts, also reflects this understanding of “accident”. In Groves v AMP Fire & General Insurance Co (NZ) Ltd [1990] 1 NZLR 122 (affirmed [1990] 2 NZLR 408), the insured had died of an adverse reaction to an anaesthetic given in an operation. |
| Wickman v Northwestern National Insurance Co | United States Court of Appeals for the First Circuit | Yes | 908 F.2d 1077 (1st Cir, 1990) | United States | Cited for the subjective test applied in determining whether the result of an action is unforeseen. |
| Dawn McClelland v Life Insurance Company of North America | United States Court of Appeals for the Eighth Circuit | Yes | 679 F.3d 755 (8th Cir, 2012) | United States | Cited for the subjective test applied in determining whether the result of an action is unforeseen. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Accident
- Personal accident insurance
- Drug intoxication
- Post-mortem redistribution
- Therapeutic range
- Overdose
- Suicide
- Mixed drug intoxication
- Elevated drug levels
- Prescription drugs
15.2 Keywords
- Accident insurance
- Drug overdose
- Insurance claim
- Personal accident policy
- Mixed drug intoxication
- Singapore High Court
17. Areas of Law
16. Subjects
- Insurance
- Accident Insurance
- Medical Law
- Toxicology