American Accident Co. v. Reigart
Court of Appeals of Kentucky
Case 96 — PETITION ORDINARY — 1. To authorize a recovery on the policy sued on it is not sufficient that death resulted from accident, but the. accident must have been caused by external violence, or by means externally violent. In the case at bar there was no external violence, and, therefore, can be no recovery. McG-linchey v. Fidelity and Casualty Co., 80 Me., 251 (6 Am. St. Rep., 190), and Paul v. Travelers’ Ins. Co., 112 N. Y., 472 (8 Am.
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Case 96 — PETITION ORDINARY — 1. To authorize a recovery on the policy sued on it is not sufficient that death resulted from accident, but the. accident must have been caused by external violence, or by means externally violent. In the case at bar there was no external violence, and, therefore, can be no recovery. McG-linchey v. Fidelity and Casualty Co., 80 Me., 251 (6 Am. St. Rep., 190), and Paul v. Travelers’ Ins. Co., 112 N. Y., 472 (8 Am. Rep., 758), distinguished. 2. The burden of proof was on appellant, and the court erred in giving to appellee the concluding argument to the jury. 1. A…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellee, Julia J. Reigart, the widow of Thomas J. Reigart, instituted this action in the Mason Circuit Court to recover five thousand dollars upon an accident policy, issued by the American Accident Company, of Louisville, Ky., to said Reigart, and made payable to his wife if she survived him.
Her husband lost his life by eating a piece of beefsteak, that in the attempt to swallow, accidentally passed into his windpipe, choking him to death in a few moments. By the terms of the policy, the insurance was made payable for injury or death…
2Cases cited2 opinions
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Hutchcraft's Ex'r v. Travelers' InsuranceCourt of Appeals of Kentucky · 1888
3Cited by43 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Smith v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1914
- Pan American Life Insurance Company v. AndrewsTexas Supreme Court · 1960
- Fidelity & Casualty Co. of New York v. Stacey's Ex'rsCourt of Appeals for the Fourth Circuit · 1906
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