Appellate Division of the Supreme Court of the State of New York April 27, 1993 (Guardian Life Insurance Co. of America v. Handel)

OPINION OF THE COURT

Wallach, J.

On October 30, 1977, in the early morning, Richard T. Blitz, a 42-year-old businessman from East Rockaway, New York, was found dead by members of his vacation party in the shallow end of a small resort hotel swimming pool in Acapulco, Mexico. Almost immediately a controversy developed with respect to the cause of that death.