Continental Casualty Co. v. Colvin

Citations

• 77 Kan. 561
• 95 P. 565
• 1908 Kan. LEXIS 305

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident Insurance — Injury Causing Death■ — • Liability. of Insurer. Where an accident-insurance policy contains a provision that the company will pay “indemnity as scheduled below, in the event that said insured . . . shall receive personal, bodily injury, which is effected directly and independently of all other causes through external, violent and purely accidental means, . . . and which causes at once total and continuous inability to engage in any labor or occupation,” and is followed by another provision that “if, within ninety days from the date of the accident, any one of the following losses shall result necessarily and solely from such injury, the company will pay,” etc., hetd, that the words “such injury” refer to the injury first mentioned in the former clause for the purpose of identification merely, and have no reference to the condition or degree of the injury immediately after it was received.</p> <p>2. --- Proximate Cause of Death — Contributing Causes. In an action by the beneficiary named in such a policy to recover the stipulated indemnity for the death of the insured, who died from an accidental injury, the condition that such death must have resulted “necessarily and solely” from such injury will be satisfied by showing that the injury was the predominating and efficient cause of the insured’s death; the fact that other conditions were set in motion by the injury which may have contributed to such result is immaterial.</p> <p>3. - Notice to Insurer. Where an accident-insurance policy provides for the payment of a weekly indemnity to the insured if disabled by an accidental injury to the extent described, and also provides for the payment to a beneficiary named in the policy of a stipulated indemnity in case of .the insured’s death from such an injury, and stipulates that “written notice of claim must be given by the insured, or by the beneficiary, to the company . . . fifteen days from the date of the accide