Hutchcraft's Ex'r v. Travelers' Insurance
Court of Appeals of Kentucky
Case 50 — PETITION ORDINARY APPEAL FROM BOURBON CIRCUIT COURT. 1. Insurance against death through “external, violent and accidental means,” embraces a killing for the purpose of robbery. (Bostwiek v. Stiles, 35 Conn., 198; Bliss on Life Ins., sec. 396; Ripley’s Case, 2 Bigelow’s Life Ins. Cases, 738.) 2. An exhibit must be taken into view as controlling any statement inconsistent with it.
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Case 50 — PETITION ORDINARY APPEAL FROM BOURBON CIRCUIT COURT. 1. Insurance against death through “external, violent and accidental means,” embraces a killing for the purpose of robbery. (Bostwiek v. Stiles, 35 Conn., 198; Bliss on Life Ins., sec. 396; Ripley’s Case, 2 Bigelow’s Life Ins. Cases, 738.) 2. An exhibit must be taken into view as controlling any statement inconsistent with it. (Bush v. Maderia, 14 B. M., 213.) 1. Death “by accidental means,” does not embrace an intentional killing. (Ins. Co. v. Burroughs, 69 Penn. St., 43; Accidental Ins. Co. v. Cran- - dall, 120 U. S, 527.) 2. A…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
During the time that the appellant’s testator held two tickets of insurance in the appellee’s company, insuring his life in the sum of three thousand dollars each, against death “through external, violent or accidental means,” he was waylaid and assassinated for the purpose of robbery. The appellee interposed two defenses to the appellant’s action to recover these sums : First, that the appellant’s testator, having been killed by intentional “means,” his death was not accidental within the meaning of the terms of the policy which insured him…
2Cited by64 opinions
- Bryant v. Continental Casualty Co.Texas Supreme Court · 1916
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
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