Hanna v. Interstate Business Men's Accident Ass'n

[309]

HAVEN, J.

Plaintiff sued as beneficiary under a policy of accident insurance issued to her deceased husband by defendant. Verdict and judgment were entered for plaintiff for the sum of five thousand dollars, being the full amount specified in the policy,' from which judgment defendant appeals.

[1]

Under the terms of the policy the defendant agreed to pay to the beneficiary, in case of the death of the insured, “the sums hereinafter specified, for loss of life, ... on account of bodily injuries sustained by the member . . . effected directly and independently of any other contributing, concurring or intervening cause, by external, violent and accidental means.” Certain conditions and limitations were specified in the policy and made a part thereof. Those material to the consideration of this appeal are the following: “If, as a result of such injury, independently of all other causes, intervening, contributing or concurring, the death of the member shall occur within ninety days from the date thereof, the association shall pay the sum of five thousand dollars ($5,000.00), which shall be in full and complete satisfaction of every claim against it, including any claim for disability.” Then follows a specification of certain “Special Limited Benefits and Indemnities,” among which is the following: “C. Hernia.— If the bodily injury be a hernia, the limit of the liability of the association shall be fifty dollars ($50.00).”

The appellant contends that its liability under the policy was limited to the sum of fifty dollars, for the reason that the death of the insured resulted from hernia. It was alleged in the complaint that the insured “received personal injuries through external, violent, and accidental means, to wit: By being struck on his chest and abdomen by a heavy board, plank, or piece of wood, causing a strangulated hernia and a strangulation and paralysis of his bowels. That by reason of the aforesaid injuries and as the direct result thereof, independently of any other contributing, concurring, or intervening cause, the said insured died on or about the thirtieth day of November, 1916.” The evidence disclosed that at the time mentioned in the complaint the insured was moving a heavy plank when he slipped and the end of the plank struck him on the chest