Sexagenarian dies of West Nile encephalitis after bite from infected mosquito. Did he die an accidental death (for which his family gets an insurance payout) or of a disease (no payout)? Fifth Circuit: A jury could conclude the bite was an unforeseen accident and that his age, morbid obesity, diabetes, and hypertension did not contribute to his death. Case should not have been dismissed. Dissent: West Nile encephalitis is a disease.