Byrd v. Nationwide Mutual Insurance

I respectfully dissent. This case should have gone to the jury.

I agree with my colleagues and the trial court that under a disability income policy insuring against “loss resulting from . accidental bodily injury,” the following general rule applies:

*810[T]he mere fact that a person insured against accidental injury, or death, voluntarily and wrongfully assaulted another will not be sufficient to characterize as nonaccidental all possible injuries which he received in the course of, or as a consequence of his attack, but such injuries may be regarded as accidental unless they were a natural or a…