Johnson v. National Life & Accident Insurance Co.
Court of Appeals of Georgia
1Opinion of the CourtQuillian, J.
Where an insurance policy provides for double indemnity for accidents, caused solely through external, violent, and accidental means, the burden is upon the plaintiff to show that in the act which preceded the injury alleged to have been sustained by the insured, something unforeseen, unexpected, or unusual occurred. “In other words, the act which preceded the injury itself must have been an accident.” Continental Casualty Company v. Rucker, 50 Ga. App. 694, 696 (179 S. E. 269).
There is a very definite distinction between “accidental injuries” and “injuries resulting from accidental means.”…
2Cases cited7 opinions
- Atlanta Accident Ass'n v. AlexanderSupreme Court of Georgia · 1898
- Fulton v. Metropolitan Casualty InsuranceCourt of Appeals of Georgia · 1917
- Cobb v. Preferred Mutual Accident Ass'nSupreme Court of Georgia · 1895
- Continental Casualty Co. v. PittmanSupreme Court of Georgia · 1916
- Johnson v. Ætna Life InsuranceCourt of Appeals of Georgia · 1919
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Capone v. Aetna Life InsuranceCourt of Appeals for the Eleventh Circuit · 2010
- Jackson v. National Life & Accident InsuranceCourt of Appeals of Georgia · 1973
- Provident Life & Accident Insurance v. HallumSupreme Court of Georgia · 2003
- Seabolt v. CheesboroughCourt of Appeals of Georgia · 1972
- Caldwell v. KnightCourt of Appeals of Georgia · 1956
17 more not listed; retrieve them via the Exa API.