Salisbury v. John Hancock Mutual Life Insurance

This is an action to recover under the double indemnity provisions of an insurance policy which were applicable in case of accidental death. Defendant appealed from a judgment for plaintiff after a trial by the court.

Plaintiff’s decedent had cancer of the brain which rendered him weak, spastic, and unable to control his movements fully or to stand by himself. He was a bed patient in a nursing home. Side rails and a chest strap were used to keep him from getting out of bed. The trial court found that he had attempted to get up and, in so doing, became entangled with the chest strap, whereby he…