Rheinheimer v. Aetna Life Insurance

Citations

• 77 Ohio St. (N.S.) 360

Syllabus

<p>Accident insurance policy — Excepts loss resulting from disease — ■ Death of insured from blood poisoning — Induced by accidental scratch — Not within exception — Special instructions to jury— Sufficient if court gives substance of request.</p> <p>1. An accident insurance policy, after providing for idemnity for accidental injuries resulting in disability, loss of time from labor, etc., contains the further stipulation, that “if death results solely from such injuries within ninety days, the said company will pay the principal sum of five thousand dollars to the beneficiary, if living; and in the event of the death of said beneficiary before the death of the insured, to the executors, administrators or assigns of the insured.” The policy contains the further provision, that it. is issued and accepted on certain conditions, one of which is, that “this insurance does not cover in event of accident or death, loss of limb or sight, or disability, resulting wholly or partly, directly or indirectly, from bodily or mental infirmity, or disease in any form, proximate or contributory, as a primary, secondary or final cause of accident, injury or death; * * *.” While said policy was in full force, and the insttred was not afflicted with any known physical or mental infirmity, he unintentionally and accidentally sustained a cut or scratch on the index finger of his left hand from which blood at once issued, through which wound and coincident therewith, it became so infected that blood poisoning was at once introduced into the circulatory system of the insured from the effects of which he died within five daj's of the accidental injury.</p> <p>Held: That the death was not within said exception, and the insurance company is liable. Insurance Co. v. Domey, 68 Ohio St., 151, distinguished.</p> <p>2. Where proper special instructions to the jury are requested, but not to be given before argument, the court is not required to . give such instructions in their precise terms or lan