Legal Opinion

Fletcher v. Security Life & Trust Co.

Supreme Court of North Carolina

Decided October 8, 1941PublishedCited by 24 opinions

1Opinion of the CourtBaRNHIll, J.

Are the terms “accidental death” and “death by external accidental means” synonymous ? Plaintiff’s right to recover depends, in a large measure, upon the answer.

Upon this question there is a distinct cleavage of judicial opinion. Some courts hold that they are synonymous — others that they are not. With us it is not a novel question. This Court has already adopted the view that there is a distinct difference in the meaning of the two terms and that the coverage of the policy is materially affected by the use of the one or the other. Scott v. Ins. Co., 208 N. C., 160, 179 S. E., 843; Harris v.…

2Cases cited5 opinions

  1. United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
  2. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  3. Mehaffey v. . Insurance Co.Supreme Court of North Carolina · 1934
  4. Scott v. Ætna Life InsuranceSupreme Court of North Carolina · 1935
  5. Harris v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1933

3Cited by24 opinions

  1. Maddox v. Colonial Life & Accident InsuranceSupreme Court of North Carolina · 1981
  2. John Hancock Mutual Life Insurance Co. of Boston v. PlummerCourt of Appeals of Maryland · 1942
  3. Mills v. State Life and Health Insurance CompanySupreme Court of North Carolina · 1964
  4. Kirkley v. Merrimack Mutual Fire InsuranceSupreme Court of North Carolina · 1950
  5. Scarborough v. World Insurance Co.Supreme Court of North Carolina · 1956

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