Continental Casualty Co. v. Hardenbergh

Citations

• 121 Miss. 1
• 83 So. 278

Syllabus

<p>1. Insurance* Validity of clause restricting recovery.</p> <p>A clause in an insurance policy providing that where the accidental injury causing the loss, or the loss itself results from freezing by the insured while not engaged in his occupation, the recovery shall be limited to one-eighth the usual amount, is valid.</p> <p>2. Insurance. Evidence sufficient to establish death by freezing.</p> <p>Where the evidence showed that insured went hunting and was found next morning lying on his back with a part of one leg in a marshy hole and his body frozen, these facts did not warrant the jury in finding that his death was proximately caused by getting his foot caught, but only established that his death was caused by freezing and he was only entitled to recover one-eighth the usual amount under a policy so providing.</p>