Otey v. John Hancock Mutual Life Insurance

Fox, Judge:

This case is one involving an intentional act of a physician and surgeon, affecting a patient in his charge who voluntarily submitted herself to- his care, and where the result of treatment rendered, involving the administration of an anesthetic preparatory to a surgical operation, was different from that intended or expected, and from which the patient died. The question is whether the death resulted from accidental means under the terms of insurance policies hereinafter quoted.

Bonnie Louise Otey died on the 15th day of July, 1937, in a hospital in Welch, West Virginia, while…