Joslin v. Aetna Life Insurance Co.

This is an action in assumpsit to recover upon a policy of accident insurance issued by the defendant corporation to the plaintiff. In the district court of the sixth judicial district the parties filed an agreed statement of facts and thereupon the cause was certified to this court in accordance with general laws 1938, chapter 545, § 4.

It is agreed that the plaintiff suffered, through accident, “a comminuted fracture of the greater tuberosity of the left humerus”. From all the facts, including the terms of the policy, the sole question at issue is whether or not such a fracture is covered by…