Price v. Occidental Life Ins. Co.

SLOSS, J.

The plaintiff appeals from a judgment in favor of defendant in an action on a policy of accident insurance. The evidence is not before us, and we are called upon to determine the one question, whether the findings of fact support the judgment.

By the policy, William A. Price, the husband of plaintiff, was insured in the principal sum of two thousand five hundred dollars, “against bodily injuries not intentionally self-inflicted, sustained by the insured while sane, and effected directly and independently of all other causes through external violent and accidental means (suicide, sane, or insane, not included).’’ The policy was made payable, in case of death, to the plaintiff.

The complaint set up a cause of action based on the death of Price. The findings which raise the question to be decided are as follows:

1 ‘ That on the 5th day of July, 1910, . . . said William A. Price . . . sustained bodily injuries from a bullet then and there striking and entering his body, from a revolver then and there discharged by the hands of one Frank Kates, by reason whereof the said William A. Price then and there died. The court finds that the death of the said William A. Price did not result directly and independently of all other causes from bodily injuries effected through external, violent, and accidental means. That the death of said William A. Price did not result from accidental causes.’’

The contention of the appellant is that the specific findings regarding the cause and manner of Prices’s death conclu

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sively establish that the death resulted from violent, external, and accidental means The further finding that death did not result from accidental means is asserted to be a mere conclusion, and a conclusion at variance with the specific facts found.

The plaintiff was bound to establish, as a part of her case, that death resulted from accident. It was not incumbent on the defendant to negative accident. The insuring company was not relying upon any exception, forfeiture, breach of warranty, or other affirmative ground of defense. The contract was one which insured against death resulting from injuries 1