Fagan v. J. C. Penney Insurance

— J. C. Penney Insurance Company appeals from a declaratory judgment alleging that the trial court *242erroneously interpreted a policy insuring against death caused by an accident. We affirm.

J. C. Penney Insurance Company issued a policy insuring Matthew P. Fagan against death caused by an accident. It provided in pertinent part:

If a Covered Member shall suffer such injury and if such injury shall result directly and independently of all other causes . . . the Company will pay [$25,000] . . .

The policy defined "injury" to mean "bodily injury caused by an accident..."

The insured, Mr. Fagan,…