Travelers Ins. v. Drake

NETERER, District Judge.

Judgment was obtained by the beneficiary of a policy of accident insurance for the death of the insured. The policy contained the following provision: In the event the injury should result in death “independently and exclusively of all other causes” and not be “caused directly or indirectly, wholly or partly by bodily or mental' infirmity, bacterial infections * * * or by any other kind of disease,” and reversal is sought.

The exceptions may be stated generally: (a) Insufficient evidence of accidental death or death by accidental means, independent of all other causes;…