Maryland Casualty Co. v. Stark

DENMAN, Circuit Judge.

This is an appeal from a judgment of the district court in a jury-waived case on a policy insuring the deceased, Charles William Stark.

The policy stated the insurance to be:

“* * * against loss resulting from Bodily Injuries effected independently and exclusively of all other causes directly through accidental means, as follows:

“* * * Subject to its terms, limits and conditions this policy covers the insured in the event of death * * * due to * * drowning, choking in swallowing * * * asphyxiation * *'

The following exceptive provision was set forth in the policy: “This…