Mason v. Life Casualty Ins. Co. of Tennessee

Supreme Court of Florida
Mason v. Life Casualty Ins. Co. of Tennessee, 41 So. 2d 155 (Fla. 1949)
1949 Fla. LEXIS 733
SEBRING, Justice.

Mason v. Life Casualty Ins. Co. of Tennessee

Opinion of the Court

This is a companion case to Leona Mason v. Life Casualty Ins. Co. of Tenn., a corporation, decided this day and reported in Fla., 41 So.2d 153.

The facts are identical in the two cases with the exception that in the present case the policy involved is an accidental death policy insuring the policyholder against "death resulting solely and exclusively from bodily injuries * * * effected by external, violent and accidental means," and the exception clause of the policy provides, "This policy does not cover * * * loss or injury resulting from the use of intoxicating liquors * * *."

We see no valid distinction between the facts of this case and the companion case referred to above. In our view, the judgment in this case, as was the judgment in the companion case, must be reversed because of the failure of the insurance company *Page 156 to show that the death of the insured was within the exception clause of the policy.

It is so ordered.

ADAMS, C.J., and CHAPMAN and HOBSON, JJ., concur.

Reference

Full Case Name
Leona Mason v. Life and Casualty Insurance Company of Tennessee, a Corporation
Cited By
6 cases
Status
Published