Silverstein v. Metropolitan Life Insurance

Cardozo, Ch. J.

Defendant issued its policy of insurance whereby it insured plaintiff’s husband against the results of bodily injuries “ caused directly and independently of all other causes by accidental means,” the insurance in the event of his death to be payable to his wife. The policy was not to “ cover accident, injury, disability, death or other loss caused wholly or partly by disease or bodily or mental infirmity or medical or surgical treatment therefor.”

The insured, while lifting a milk can into an ice box, slipped and fell, the can striking him on the abdomen and causing such pain…