Omberg v. United States Mutual Accident Ass'n
Court of Appeals of Kentucky
Case 52 — PETITION 1. The death of Omberg was caused by blood poison brought about by the sting of an insect, which was by “external, accidental and violent means” within the meaning of the policy of insurance. Bacon v. U. S. Mutual Accident Association, 44 Hun., 599; May on Insurance, 3d Edition, 2d vol., 1190 and 1193; Mallory v. Travelers’ Ins. Co., 47 N. Y., 53; Ins. Co. v. Burroughs, 60 Penn. State, 43. 2. The mosquito bite was the approximate cause of death.
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Case 52 — PETITION 1. The death of Omberg was caused by blood poison brought about by the sting of an insect, which was by “external, accidental and violent means” within the meaning of the policy of insurance. Bacon v. U. S. Mutual Accident Association, 44 Hun., 599; May on Insurance, 3d Edition, 2d vol., 1190 and 1193; Mallory v. Travelers’ Ins. Co., 47 N. Y., 53; Ins. Co. v. Burroughs, 60 Penn. State, 43. 2. The mosquito bite was the approximate cause of death. Whether the cause was approximate or remote does not depend alone upon nearness in point of time which certain events occurred.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
This is an action on a policy of insurance against bodily injuries and death effected through “external, violent and *305accidental means.” The policy was issued by appellee company to Adolph Omberg, and in case of Ms death alone through the means indicated, the indemnity — §5,000—was payable to his wife, who is here the appellant. Upon the conclusion of the trial below it was the opinion of the court that there was a failure of proof to sustain the plaintiff’s contention that her husband’s death had been caused through the means and under the…
2Cases cited1 opinion
- Baldwin & Jaycox v. Mayor of New YorkNew York Supreme Court · 1865
3Cited by65 opinions
- Lewis v. Ocean Accident & Guarantee Corp.New York Court of Appeals · 1918
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
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