Ætna Life Ins. v. Brand
Court of Appeals for the Second Circuit
■In Error to the District Court of the United States for the Northern District of New York. Action by Walter N. Brand against the Tfitna Eife Insurance Company. Judgment for plaintiff, and defendant brings error. /Etna Company issued to Brand a policy of “accident insurance,” insuring him “against loss resulting directly and independently of any and all other causes from bodily injury effected solely through external, violent, and accidental means.”
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■In Error to the District Court of the United States for the Northern District of New York. Action by Walter N. Brand against the Tfitna Eife Insurance Company. Judgment for plaintiff, and defendant brings error. /Etna Company issued to Brand a policy of “accident insurance,” insuring him “against loss resulting directly and independently of any and all other causes from bodily injury effected solely through external, violent, and accidental means.” But it was also provided: “This policy does not extend to nor cover any accidental bodily injury caused or contributed to, directly or…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). Plaintiff in error complains that the remark of the trial judge last above quoted gave the jury the impression that hernia is not a disease. No such inference can be drawn; it was certainly true that no evidence had been given showing that Brand’s hernia made him “sick,” and we find no injurious error in the implication suggested. This is because, if we assume that hernia is or may he a disease (again something as to which no satisfactory evidence was given) Brand’s hernia was not a cause which produced or contributed to the pricking of his artery, but a…
2Cases cited11 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- McPhee & McGinnity Co. v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1907
- Smith v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
- Senkier v. Hartford Life & Accident Insurance CompanyCourt of Appeals for the Seventh Circuit · 1991
- Francis v. International Travelers' Ass'nCourt of Appeals of Texas · 1924
- Lincoln Nat. Life Ins. Co. v. EricksonCourt of Appeals for the Eighth Circuit · 1930
- Hoage v. Employers' Liability Assur. Corp.Court of Appeals for the D.C. Circuit · 1933
39 more not listed; retrieve them via the Exa API.