Dvorkin v. Commercial Travelers Mutual Accident Ass'n of America

The action is upon a policy of accident insurance issued by the defendant to Daniel S. Dvorkin which provides for payment in the event of death caused solely and exclusively by external, violent and accidental means.

On February 4, 1938, the assured accidentally fell into a grease pit located in the basement of a garage operated by him. He was assisted out of the pit by a customer, to whom he complained that he had hurt his leg. He was then taken to his home by his son, who observed a laceration on his father’s leg. Dr. Brown, the family physician, was immediately summoned but the assured died…