First Continental Life & Accident Insurance Co. v. Hankins

ELLIS, Chief Justice.

This appeal is from a judgment awarding plaintiff-appellee recovery for the death of her husband under a hospital and accident insurance policy issued by defendant-appellant. The question for determination is whether the appellee’s husband’s accidental death, which occurred while he was under an automobile replacing the driveshaft, was within the coverage of the following Accidental Death Benefit provision of the policy:

“If the Principal Insured, while this policy is in force, sustains injury while driving or riding in an automobile, truck, bus or while riding as a paying…