Harris v. Maryland Casualty Co.

SCHOONMAKER, District Judge.

This is an action on an accident insurance poliey, wherein the beneficiary seeks to recover the amount payable on the death of the insured, alleged to have been caused by sunstroke. The trial resulted in a verdict for the plaintiff for the face of the poliey.

The defendant has moved for a new trial, urging: (1) That the death from sunstroke suffered while the insured was playing golf— thus voluntarily subjecting himself to the heat of the sun — was not a death caused by external, violent, and accidental means within the terms of the poliey; (2) that the court erred…