Farner v. Massachusetts Mutual Accident Ass'n
Supreme Court of Pennsylvania
Appeal, No. 1, May T., 1907, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1905, No. 316, on verdict for plaintiff in case of Mary Farner v. Massachusetts Mutual Accident Association. Assumpsit on a policy of accident insurance.
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Appeal, No. 1, May T., 1907, by defendant, from judgment of C. P. Dauphin Co., Jan. T., 1905, No. 316, on verdict for plaintiff in case of Mary Farner v. Massachusetts Mutual Accident Association. Assumpsit on a policy of accident insurance. At the trial the jury returned a verdict for the plaintiff for $2,056.60. On a motion for judgment for defendant non obstante veredicto Kunkel, P. J., filed the following opinion: The question which arises under the reservation made at the trial of this case is whether the policy upon which the action is brought covers the death of the insured. The…
1Opinion of the Court
Per Curiam,
The claim of the appellant that the death of the insured *76should be classed under the “ health provisions ” and not under the “ accident provisions ” of the policy can hardly be made seriously. The policy was prima facie an accident policy, and the insured died from the bite of a dog, certainly an accident, not a disease. The proximate cause of death was the bite, and the way in which it operated to produce death, whether by hemorrhage or lockjaw or blood poisoning was a medical detail which did not affect the material fact of death resulting from the accident.
The other argument,…
2Cases cited1 opinion
- Ritter v. Preferred Masonic Mutual Accident Ass'n of AmericaSupreme Court of Pennsylvania · 1898
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- Dale v. Standard Accident Ins. Co.Supreme Court of Pennsylvania · 1932
- McIntyre v. Equitable Life Assurance Society of the United StatesSupreme Court of Pennsylvania · 1936
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