Gant v. Provident Life & Accident Insurance

Only one question is presented for decision by defendant’s several assignments of error on this appeal: Was the bodily injury, which all the evidence shows was sustained by her on 10 January, 1927, the result of plaintiff “being struck ... by a moving automobile” ? Unless this question can be answered in the affirmative, it must be conceded that plaintiff cannot recover in this action. Defendant is liable to plaintiff only under the terms of the policy; if the injury which she sustained is not included within the terms of the policy, plaintiff cannot recover.

There was no evidence at the trial…