Colburn v. United States Fidelity & Guaranty Co.

Citations

• 25 Haw. 536
• 1920 Haw. LEXIS 32

Syllabus

<p>Insurance — ‘accidental’—defined.</p> <p>The term ‘accidental’ in its ordinary popular sense means a happening by chance or unexpectedly talcing place and not according to the usual course of things nor as expected. If a result is such as follows from ordinary means voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental means, but if in the act which precedes the injury something unforeseen, unexpected, unusual occurs which produces the injury the injury has resulted through accidental means.</p> <p>Same — accidental bodily injury.</p> <p>Where blood poisoning results from an abrasion of the skin of the foot by a shoe and death or disability follows the death or disability is properly attributable to accidental bodily injury.</p> <p>Same — policy—forfeiture not favored.</p> <p>The forfeiture of an insurance policy is not favored at law and courts are always prompt to seize hold of any circumstance to uphold the validity of a policy, and where it was issued and the premium therefor paid the validity of the policy should be sustained unless fraud or other dereliction upon the part of the insured sufficient in law to vitiate it is clearly shown.</p>