Tix v. Employers Casualty Company

BELL, Chief Justice.

Cecile Tix Smith was the assured in an accident insurance policy under which ap-pellee agreed to pay $10,000.00 if death resulted to her “directly and independently of all other causes from bodily injury caused by accident and sustained by assured while in or upon, or while entering’ into or alighting from * * * an automobile.” She died from an acute heart failure on December 11, 1959, while she was in her automobile. Her executor brought suit to recover the proceeds of the policy on the theory that her death resulted from bodily injuries caused by accident directly and…