Legal Opinion · Concurrence

Griffin v. Prudential Ins. Co. of America

Utah Supreme Court

Decided January 25, 1943No. 6507Published

1ConcurrenceWolfe, Chief Justice

After much doubt and considerable research I concur.. The result of my research and analysis, which forms the-basis of my conclusion, I set out below as it differs somewhat from the approach and reasoning of Judge FAUST.

The provision governing the liability of the company for an extra $1,000 in case of accidental death reads, with presently irrelevant omissions, as follows:

“The amount * * * shall be payable * * * upon receipt of proof that the death of the insured occurred * * * as a result directly and independently of all other causes, of bodily injuries effected solely through external,…

2Cases cited52 opinions

  1. Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
  2. Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
  3. National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
  4. Bohaker v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1913
  5. Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894

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