Carnes v. Continental Casualty Co.

BOLIN, Judge.

From judgment in favor of Mrs. Don Clemmie Carnes against Continental Casualty Company in the sum of $25,000 for the accidental death of her husband Continental appeals.

The suit was based on the following provision of the insurance policy:

“ ‘Injury’ wherever used in the policy means bodily injury caused by an accident occurring while the policy is in force as to the insured person and resulting directly and independently of all other causes in loss covered by the policy.”

The issue is whether plaintiff has proved by a preponderance of evidence that Mr. Carnes’ death was due to an…