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Old 08-20-2004, 03:11 PM   #4780
Shape Shifter
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Recent Legal Developments

Death by autoerotic asphyxiation, like death from other dangerous recreational activities such as skydiving and rockclimbing, should be covered under the terms of an accidental death policy, sez the 2d Cir. http://www.abanet.org/journal/ereport/au20rope.html (boring text, no good pitcures).

"The 'effect sought by the practice of autoerotic asphyxiation is a temporary effect that, absent an accident, is not injurious; and injuries resulting from the practice are unintended,' Kearse wrote for the Aug. 9 majority. 'We thus see no differences between engaging in autoerotic asphyxiation and engaging in hazardous extreme sports activities, insofar as the coverage provided by the Unum policy is concerned.' Critchlow v. First Unum Life Insurance Co. of America, No. 02-7585.

Judge Ellsworth VanGraafeiland had this to say in his spirited dissent:

"Moreover, until someone whose opinion I respect honestly informs me that as a general proposition, he or she would not hesitate to undergo a session of autoerotic asphyxiation through strangulation, I will not change my mind."

I'm just glad he didn't make his clerks draw straws for "research" on this one.
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