METROPOLITAN LIFE INSURANCE COMPANY v. Abbott

Hall, Judge.

The contract covered death “as a result, directly and independently of all other causes, of bodily injuries sustained . . . solely through violent, external and accidental means,” and excluded death “caused wholly or partly, directly or indirectly, by disease, or bodily or mental infirmity.” Evidence of the following facts was presented and was not contradicted: The insured fell on steps at work and hit his head, thereafter became incoherent and unconscious, was hospitalized and before he died 2% days later was diagnosed as having pneumonia. The insured had pre-existing heart and…