Legal Opinion

Barkerding v. Ætna Life Ins.

Court of Appeals for the Fifth Circuit

Decided March 7, 1936No. 7931PublishedCited by 14 opinions

1Opinion of the Court

SIBLEY, Circuit Judge.

The District Court dismissed as setting forth no cause of action a suit upon a policy of accident insurance whose material provisions are these:

“The Aetna Life Insurance Company * * * hereby insures * * * against loss resulting directly and independently of all other causes from bodily injuries effected during the term of this policy solely from accidental means. * * * ” “C. This insurance shall not cover accident, injury, disability, death or other loss caused directly or indirectly, wholly or partly, by * * * bacterial infections (except pyogenic infections which occur…

2Cases cited4 opinions

  1. Baylis v. Travellers' InsuranceSupreme Court of the United States · 1885
  2. Davis v. Jefferson Standard Life Ins. Co.Court of Appeals for the Fifth Circuit · 1934
  3. Chaffee v. Locomotive Engineers' Mut. Life & Acc. Ins.Court of Appeals for the Tenth Circuit · 1933
  4. New Amsterdam Casualty Co. v. PerrymanMississippi Supreme Court · 1932

3Cited by14 opinions

  1. Hammer v. Lumberman's Mutual Casualty Co.Supreme Court of Connecticut · 1990
  2. Mary H. Whetsell, Individually and as of the Estate of Kenneth A. Whetsell, Deceased v. The Mutual Life Insurance Company of New YorkCourt of Appeals for the Fourth Circuit · 1982
  3. Reid v. Aetna Life InsuranceDistrict Court, S.D. Illinois · 1977
  4. Cady v. Hartford Life & Accidental InsuranceDistrict Court, D. Idaho · 2013
  5. Massachusetts Bonding & Ins. Co. v. John R. Thompson Co.Court of Appeals for the Eighth Circuit · 1937

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