Illinois Commercial Men's Ass'n v. Parks

Citations

• 179 F. 794
• 103 C.C.A. 286
• 1910 U.S. App. LEXIS 4705

Syllabus

<p>1. Insurance (§ 825*)' — Action on Accident Policy — Questions fob Jury.</p> <p>In an action on an accident policy to recover for the death of the insured who fell on a sidewalk and received severe injuries, dying a few minutes later, issues of fact were made by the pleadings (1) whether the fall was accidental, caused by a misstep .or stumble, or resulted from a diseased condition, and (2) whether, if accidental, the injury received was the cause of death “independent of all other causes” within the meaning of the policy. There was evidence that deceased stumbled and fell, but that there was no obstruction in the sidewalk at the place. Evidence was introduced by defendant that an autopsy made in its interest tended to show diseased conditions of the heart and kidneys and by plaintiff that deceased was apparently in the best of health at. all times up to the moment of his fall, and medical testimony that it was improbable that the chronic diseased conditions described could have existed and reached a fatal stage without prior manifestation in the health of deceased. There was a conflict of medical testimony as to whether the injuries received from the fall were sufficient alone to cause death. Held, that on such testimony both issues were properly submitted to the jury.</p> <p>[Ed. Note. — For other cases, see Insurance, Dec. Dig. § 825.*]</p> <p>2. Insurance (§ 817*) — Accident Insurance — Risks and Exemptions in Policy — Cause of Death — Burden of Proof.</p> <p>An accident policy expressly made the application and by-laws of the association a part of the contract, and provided that its liability for the death of the insured should be subject to all the provisions of the bylaws. One by-law limited such liability to death from .“bodily injuries Which shall * * * independently of all other cause result in the death of said member” and another provided that “the association shall not be liable to any person for any indemnity or benefit for injuries or death * * * i