Nax v. Travelers' Ins.

Citations

• 130 F. 985
• 1904 U.S. App. LEXIS 4863

Syllabus

<p>1. Accident Insurance — Cause of Death.</p> <p>A death resulting from a self-inflicted knife cut made by an insured while trimming a corn, which was followed by blood poisoning, is one from an “accidental, external, and violent” injury, within the meaning of an accident policy.</p> <p>2. Same — Notice by Beneficiary.</p> <p>Where an accident policy provides for a weekly indemnity for injury to be paid to the insured, and also for a sum to be paid in case of death to a named beneficiary, no duty to give notice to the insurer rests upon the latter until vested with a right or interest in the policy by the death of the insured.</p> <p>3. Same — Action for Death of Insured — Questions for Jury.</p> <p>Plaintiff, who was an aged woman, was beneficiary in an accident policy held by her husband, but had no knowledge of its existence. She assisted in nursing her husband after his injury, and on his death was at once taken to the home of her daughter at a distance, where she remained two months. On her return the policy was found among the papers of the deceased, and notice of the death at once given to the insurer, which made no objection on account of her delay, but required and accepted further proofs as to the cause of death. Eeld, that whether the circumstances excused the delay in giving the notice, or whether such delay was waived by the insurer, were questions for the jury.</p>