Legal Opinion · Dissent

Browning v. Equitable Life Assur. Soc.

Utah Supreme Court

Decided June 13, 1938No. 5822Published

1DissentWolfe, Justice

I dissent. In the former opinion in this case, I considered the effect of the words contained in the policy, reading “against loss resulting directly and independently of all other causes.” I thought then and I still think that these words must by their plain and inevitable meaning exclude liability for any disability where either (1) the sole cause was other than the injury or (2) the preponderating cause of disability was any other cause than the injury effected solely through external, violent and accidental means, or (3) where there was an efficient concurring cause besides the injury and…

2Cases cited33 opinions

  1. Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
  2. Thornton v. Travelers InsuranceSupreme Court of Georgia · 1902
  3. Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
  4. Lincoln Nat. Life Ins. Co. v. EricksonCourt of Appeals for the Eighth Circuit · 1930
  5. Ogilvie v. Aetna Life Insurance Co.California Supreme Court · 1922

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