Legal Opinion · Dissent
Spaid v. Cal-Western States Life Insurance
California Court of Appeal
Decided March 23, 1982No. Civ. 47062Published
1Dissent
NEWSOM, J. I respectfully dissent.
While the question is a close and conceptually difficult one, given the precise terms of the insurance contract, I do not think it can be said that the sole means of death here was “external,” for appellant’s alcoholic ingestion, and related stuporous condition, clearly contributed materially to the sad accident which led to the present claim. (Spott v. Equitable Life Ins. Co. (1962) 209 Cal.App.2d 229, 232 [25 Cal.Rptr. 782, 98 A.L.R.2d 315]; Wommack v. Shenandoah Life Ins. Co. (D.S.D. 1979) 473 F.Supp. 757; McCallum v. Mutual Life Insurance Co. of New York…
2Cases cited8 opinions
- Radcliffe v. National Life & Accident Insurance Co.Court of Appeals of Texas · 1957
- McCallum v. Mutual Life Insurance Co. of New YorkDistrict Court, E.D. Virginia · 1959
- Spott v. Equitable Life InsuranceCalifornia Court of Appeal · 1962
- Georgie W. McCallum v. Mutual Life Insurance Company of New York, a New York CorporationCourt of Appeals for the Fourth Circuit · 1960
- Weaver v. Home Security Life Insurance CompanyCourt of Appeals of North Carolina · 1973
3 more not listed; retrieve them via the Exa API.