New York Life Insurance v. Bruner

This appeal involves a double indemnity provision in certain insurance policies upon which this action was brought by appellee.

Each policy provides that double indemnity is pay able if, “. . . the death of the insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means . . .”

The material facts are not in dispute. The insured, in preparation for surgery for the removal of his appendix, was administered a spinal anesthetic containing novocain by means of a hypodermic needle. This involved the exertion of…