Jackson v. National Life & Accident Insurance

I concur in the judgment of affirmance and in all that is said in the majority opinion except for its reliance on the case of Johnson v. National Life &c. Ins. Co., 92 Ga. App. 818 (90 SE2d 36).

In my opinion the test of "accidental means” is determined by whether or not "the insured should have foreseen the consequences of his acts.” Life Ins. Co. of Ga. v. Williams, 109 Ga. App. 264 (135 SE2d 925). I would not hold that death should have been foreseen as a result of taking penicillin administered by a physician; however, one who takes a massive dose of heroin should have foreseen that death…