Wheeler v. Fidelity & Casualty Co. of New York

This is a suit on a policy of accident insurance, to recover the indemnity therein provided for in case of death.

As applicable to the cause of action pleaded, the insuring clause in the policy reads: “does hereby insure . . . against bodily injury sustained . . . through accidental means and resulting directly, independently and exclusively of all other causes, in death.” A subsequent stipulation provides for the indemnity as' follows: “if within twenty-six weeks from the date of the accident . . . the insured suffers death as the direct result of bodily injury, the company will pay the…