Preferred Acc. Ins. v. Muir

Citations

• 126 F. 926
• 61 C.C.A. 456
• 1904 U.S. App. LEXIS 3776

Syllabus

<p>1. Insurance — Accident Policy — Conditions—Public Conveyance — Riding on Platform.. .</p> <p>Where an accident policy exempted the company from liability in case of injury while insured was attempting to enter or leave any public conveyance, or while riding in a caboose attached to a freight or mixed train, it did not preclude a recovery, as a matter of law, for insured’s death from being, thrown from the platform of a railroad passenger car in the daytime while the train was running between 50 and 60 miles an hour, he having gone to the platform for the purpose of vomiting after he had tried the closet door and found it locked.</p> <p>2. Same — Obvious Danger — Exposure.</p> <p>Insured’s act in going on the platform under such circumstances did •not, as a matter of law, constitute unnecessary or negligent exposure to obvious danger, within another provision of the policy exempting defendant from liability for insured’s death from such exposure.</p> <p>8. Same — Disease.</p> <p>Where an accident policy provided that no recovery should be had in case of death resulting wholly or partly, directly or indirectly, from disease in any form, either as a cause or effect, the term “disease” did not apply to a temporary derangement of the stomach, so as to preclude a recovery for insured’s death by being thrown from the platform of a railway train, whence he had gone for the purpose of vomiting.</p> <p>H1. Accident insurance, risks and causes of loss, see note to National Acc. Soc. v. Dolph, 38 C. C. A. 3.</p> <p>1T 3. See Insurance, vol. 28, Cent. Dig. § 1177.</p> <p>4. Same — Double Indemnity Clause.</p> <p>Where an accident policy provided for double indemnity in case insured should be injured while riding as a passenger in or on a public conveyance, it could not be limited to a case of injury while insured was riding “inside” of a railroad car, so as to preclude a recovery thereunder for death occasioned from insured’s being thrown from the platform of such car.</p>