Carroll v. Fidelity & Casualty Co.

Citations

• 137 F. 1012
• 1905 U.S. App. LEXIS 5034

Syllabus

<p>1. Accident Insurance—Death by Blood Poisoning. .</p> <p>• Where insured died from blood poisoning frpm infection received in m altercation with .another, • his death was the direct result of bodily injuries sustained through external, violent, and accidental means, within the terms of an accident policy.</p> <p>[Ed. Note.—For cases in point, see vol. 28, Cent Dig. Insurance, §§ 1166, 1170, 1171.</p> <p>Risks and causes of loss, see note to National Ace. Soc. v. Dolph, 38 C. C. A. 3.]</p> <p>2. Same—Breach of the Peace.</p> <p>Where deceased, and another engaged in a mere fist fight, neither being armed, and there was no reason to expect that the encounter would result in bodily harm. to either party, the fact that the injury which caused deceased’s death was the result of a breach of the peace did not preclude a recovery on an accident policy containing no special clause vitiating it on that ground.</p> <p>[Ed. Note.—For cases in point, see vol. 28, Cent. Dig. Insurance, §§ 1149, 1182, 1183.]</p>