Horsfall v. Pacific Mutual Life Insurance

Citations

• 32 Wash. 132
• 63 L.R.A. 425
• 72 P. 1028
• 1903 Wash. LEXIS 387

Syllabus

<p>ACCIDENT INSURANCE-INTERNAL INJURY CAUSED BY LISTING HEAVY WEIGHT.</p> <p>A violent dilation of the heart, resulting in death, which was caused by the act of lifting a heavy weight in the course of business, falls within the provisions of an accident policy insuring against effect of bodily injuries' caused solely by external, violent, and accidental means.</p> <p>SAME-EXTERNAL MARKS.</p> <p>Where the death of a strong, healthy man resulted from dilation of the heart, caused by lifting a heavy weight, the facts that immediately after the accident the deceased became deathly pale and sick, his hands and feet became cold and covered with perspiration, and the next day his skin, previously ruddy, became a bluish gray color and so remained until his death, constitute such visible, external marks of the injury as to bring the case within the terms of a policy providing against liability in case no external marks of injury appear.</p> <p>SAME-NOTICE OE ACCIDENT-REASONABLE TIME-QUESTION 3T0B JURY.</p> <p>The provision of an insurance policy requiring immediate notice of an accident to be given to the company ordinarily means within a reasonable time; and, in an action for death, without any claim for weekly indemnity, the question of unreasonable delay was properly one for the jury, where notice was given twelve days after the death of the insured, which was thirty-seven days after his injury, under a policy providing for weekly indemnity and for a principal sum in case of death within ninety days, and that unless the claimant gives immediate written notice of any accident, with full particulars, and affirmative proof of death within ninety days from the time of death, all such claims shall be forfeited.</p>