Continental Casualty Co. v. Johnson

Citations

• 74 Kan. 129
• 85 P. 545
• 1906 Kan. LEXIS 20

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident Insurance — Sunstroke. The word “sunstroke,” when used in an insurance policy in describing one of the risks covered, should not be interpreted as applying only to an effect produced by the heat of the sun, unless the context or other special considerations require it; the term unexplained denotes a condition produced by any heat, solar or artificial.</p> <p>2. - Disability Due to Artificial Heat. In an action upon an accident-insurance policy containing a provision that loss of time due to sunstroke should be deemed to be due to external, violent and purely accidental causes and should entitle the insured to full benefits according to the terms of the policy, where the plaintiff’s claim is based upon a loss which he alleges was due to sunstroke, he is not precluded from recovery by the fact that his disability was occasioned by exposure to the heat of a furnace, not to that of the sun.</p>