Insurance Company of North America v. Williams

HARWOOD, Justice.

The majority opinion of the Court of Appeals while stating that the accidental death benefit coverage was in both of the automobile polices, yet proceeds to treat such provisions as a separate and distinct type of insurance, as though it was not in the automobile policies.

The fallacy of this reasoning is that the accidental death coverage arises solely from the policies of automobile insurance.- The liability of the insurer must be determined by the provisions of the automobile policies.

■ In his dissenting opinion Judge Cates states that, “No separate premium is shown to have…