Buckley v. Massachusetts Bonding & Insurance

Citations

• 113 Wash. 13
• 192 P. 924
• 1920 Wash. LEXIS 761

Syllabus

<p>Insurance (185) — Accident Insurance — Cause of Death — Murder — Evidence—Sufficiency. In an action upon an accident policy, a finding that the insured was murdered and was not a suicide, is sufficiently sustained by evidence that he was in good health and spirits, that, while carrying a large sum of money, and on the evening of his disappearance, he had an appointment with a stranger, with whom he was last seen, in company with another man of a criminal character, and his body was found eight days after in the river that runs through the city, with the large sum of money missing, although it was much less liable to have been accidentally dropped than other articles found on the body.</p> <p>Same (128) — Accident Insurance — Unlawful Death as “Accidental.” Death is accidental, within the meaning of an accident policy, where it is the result of injuries inflicted by a third person without the fault of the insured.</p> <p>Same (185) — Accidental Death — Presumption—Burden of Proof. A death from drowning is presumed to be accidental, rather than from suicide, where the body is found under circumstances pointing to a sudden death from violent external causes or from drowning, where suicidal intent was contrary to the known disposition, temperament and business conditions of the insured.</p> <p>Pleading (163) — Causes of Action — Election Between Causes— Cause of Death. Upon an issue as to whether insured met his death by bodily injuries sustained directly and independently of all other causes through accidental means (suicide included), it is permissible for plaintiff to show all the circumstances surrounding the death and she should not be required to elect between the theory of accidental drowning and wrongful death inflicted by another.</p> <p>Insurance (131) — Accident Insurance — Notice of Death — Time for Notice. Where an attorney advised that an accident policy had lapsed and notice and proof of death would he unavailing unless a renewal receipt was found, and