Kundiger v. Prudential Insurance Co. of America

While fully concurring in the dissent of Mr. Justice Magney, I wish to a¡dd a few observations of my own.

This is an action involving contract rights and obligations. Under the terms of the policy, the burden fell upon plaintiff to prove that her husband’s death occurred “as a result, directly and independently of all other causes, of bodily injuries, effected solely through external, violent and accidental means,” and that such death did not result “directly or indirectly from bodily or mental infirmity or disease in any form.”

The majority opinion concedes that the testimony of Dr. Stin-nette…