Alloway v. General Accident Insurance

Citations

• 35 Pa. Super. 371
• 1908 Pa. Super. LEXIS 46

Syllabus

<p>Insurance — Accident insurance — Unnecessary exposure to risk — Powder explosion.</p> <p>Where an accident insurance policy cut down the liability of an insurance company if injuries shall result from an unnecessary exposure to obvious danger, and it appears that the insured was described as a “ clerk in a store, not doing porter’s work,’’ and it also appears that the store was a general store in a mining region, and that one of the clerk’s duties was to go to a powder house about one and' one-fourth miles away from the store, and deliver the powder to customers, the insurance company has no standing to claim a reduction in liability because the insured was killed by an explosion at the powder house while in the ordinary performance of his duties. In such a case the mere handling of explosives either in the store or in the powder house was not an unnecessary exposure to obvious danger within the meaning of the policy.</p>