Berger v. Travelers Insurance Co.

Plaintiff’s deceased husband was insured by defendant company against accidental death in two policies in which plaintiff was named the beneficiary. Each policy contained a “sole cause” clause and an “exclusionary” clause. They are set forth in the margin. * In her suit for the proceeds of the policies Mrs. Berger claims her husband died as the result of injuries received in an. automobile accident in September of 1960. The insurer’s 'defense is that Mr. Berger’s death resulted at least in part from an arteriosclerotic heart disease and not solely from his accidental injuries.

The circuit…