United States Mutual Accident Ass'n v. Newman

Citations

• 84 Va. 52
• 3 S.E. 805
• 1887 Va. LEXIS 7

Syllabus

<p>1. Insurance Policy—Rules of construction.—Same rules of construction apply to this, as to other instruments. Its language is to receive a reasonable construction, and its intent and substance should be regarded. Where two constructions can be given it, that most favorable to insured must be given. Where there is doubt as to meaning of terms employed by company to except it from liability, they are to be construed most strongly against insurer.</p> <p>2. Idem—Accident policy—Death from, coal gas—Instructions—Case at bar.— Accident policy taken for benefit of plaintiff, contained clause that no-recovery could be had, unless it was proved that death of insured was “ caused by external, violent, and accidental means,” or where “ caused by taking poison, or by contact with poisonous substances.” Insured was found dead in bed at hotel from inhaling coal gas. Testimony was conflicting as to whether coal gas was “poison or poisonous substance”-.</p> <p>Held :</p> <p>It was not error that the court refused to instruct the jury that inhaling coal gas was a taking of poison, if they believed coal gas to be a poisonous substance, which, when inhaled, destroyed life.</p> <p>8 Idem—Case at bar.—The policy contained clause that “ the benefits shall not extend to any bodily injury of which there shall be no external and visible signs upon the body of the insured.” Evidence showed that, when found, body of insured had bloody froth at the mouth, spots of blood on face and breast, and red spots on body:</p> <p>Held:</p> <p>It was not error for the court to refuse to instruct the jury that if there were no visible signs of injury upon body of insured, except the froth and red spots, that did not constitute visible and external signs of injury, as it was a fact properly determinable by the jury.</p>