Court of Appeals for the Ninth Circuit December 23, 2003, 02-35665, 02-35701 (Luanne Kenna Chale v. Allstate Life Insurance Company, an Illinois Corporation)

McKEOWN, Circuit Judge:

In response to a query about why he wanted to climb the world’s tallest mountain, British explorer George Mallory responded, “Because it is there.”

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As Mallory and others have learned, the lure and mystique of mountain climbing are not without risk of injury, including death. The controversy in this case is whether a climbing death on Mt.