Fitzpatrick v. Metropolitan Life Insurance Co.

The appellant insurance company issued a policy of accident insurance to John J. Whelan calling for the payment of the principal sum of $5,000 in the event his death was 11 caused directly and independently of all other causes by violent and accidental means”, and double the principal sum if death was caused by injury received “while riding as a passenger in a regular passenger elevator ear”. The insured was superintendent of a fruit packing plant in San Jose, owned and operated by Guggenhime & Co., and was killed while riding in an elevator in said plant. The insurer tendered payment of the…