McCarthy v. Travelers' Ins. Co.
U.S. Circuit Court for the District of Eastern Wisconsin
Action on an accident insurance policy. The policy provided that in case of injuries effected through external, violent or accidental means, the company should be liable; but that the liability should not extend to any bodily injury of which there should be no external or visible sign, nor to any injury happening directly or indirectly in consequence of disease, nor to any case except where the injury was the proximate and sole cause of the disability or death.
Read the full summary
Action on an accident insurance policy. The policy provided that in case of injuries effected through external, violent or accidental means, the company should be liable; but that the liability should not extend to any bodily injury of which there should be no external or visible sign, nor to any injury happening directly or indirectly in consequence of disease, nor to any case except where the injury was the proximate and sole cause of the disability or death. It was claimed for the plaintiff that the deceased, while exercising with Indian clubs, ruptured a blood vessel in his lungs, and…
1Opinion of the CourtDyer, District Judge
(charging jury). The policy of insurance in this case is of the form and character known as an accident policy. To entitle the plaintiff to recover, it must be shown by the evidence that the deceased sustained a bodily injury, which was effected through means which were external, violent and accidental, and that such injury was the proximate and sole cause of the death, as I shall hereafter more fully explain to you. If a bodily injury was sustained, and it happened directly or indirectly in consequence of disease, or if the death was caused wholly or in part by bodily infirmities or disease,…
2Cases cited2 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Cunningham v. LynessWisconsin Supreme Court · 1867
3Cited by15 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
- Travelers' Insurance v. MurraySupreme Court of Colorado · 1891
- Appel v. Ætna Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Stone v. Fidelity & Casualty Co.Tennessee Supreme Court · 1915
10 more not listed; retrieve them via the Exa API.