Booth v. United States Fidelity & Guaranty Co.

The opinion of the court is delivered hy

Doxges, J.

Suit is brought to recover on a contract of insurance issued by defendant to plaintiff, assuring him certain payments in event of accidental bodily injuries, whether fatal or non-fatal.

The facts are stipulated and are submitted for determination without a jury.

The question presented is whether, under file agreed facts, plaintiff is entitled to recover under the clause in the policy providing for full indemnity if the assured meet accidental injury, which “shall, independently and exclusively of all other causes, continuously and wholly disable…