Legal Opinion

Smith v. Continental Casualty Company

District of Columbia Court of Appeals

Decided August 28, 1964No. 3459PublishedCited by 7 opinions

1Opinion of the Court

MYERS, Associate Judge.

This is an appeal from a directed verdict in favor of appellee insurance company upon a claim by appellant seeking specific indemnity under an insurance policy by reason of the death of her husband, the insured thereunder, allegedly due to “bodily injury caused solely by an accident.”

On February 11, 1960, while engaged in the performance of his regular duties as resident engineer on a road proj ect and following exertion in climbing up and down an embankment to examine some bridge footings to ascertain whether they were adequately reinforced, the insured (about 56 years…

2Cases cited5 opinions

  1. Shanberg v. Fidelity & Casualty Co. of New YorkCourt of Appeals for the Eighth Circuit · 1907
  2. Prudential Ins. Co. of America v. BeckwithCourt of Appeals for the D.C. Circuit · 1937
  3. Frances F. Love v. American Casualty Company of Reading, PennsylvaniaCourt of Appeals for the D.C. Circuit · 1962
  4. Bernard v. Union Central Life Ins.District Court, D. Massachusetts · 1954
  5. Acacia Mutual Life Insurance Company v. GalleherDistrict of Columbia Court of Appeals · 1958

3Cited by7 opinions

  1. Harrell v. Minnesota Mutual Life Insurance Co.Tennessee Supreme Court · 1996
  2. Carroll v. Cuna Mutual Insurance SocietySupreme Court of Colorado · 1995
  3. Elton v. Bankers Life & Casualty CompanyUtah Supreme Court · 1973
  4. Gottfried v. Prudential Insurance Co. of AmericaNew Jersey Superior Court Appellate Division · 1979
  5. Lamb v. Northwestern National Life InsuranceCourt of Special Appeals of Maryland · 1983

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