Abbott v. Fidelity & Casualty Co.
Abbott v. Fidelity & Casualty Co.
Opinion of the Court
The material facts in this case are the same as in Abbott v. Insurance Co., ante, 654, handed down herewith. The accident insurance policy sued upon was issued by defendant on May 1, 1911, to plaintiff’s husband, William S. Abbott, naming her as the death beneficiary, agreeing to indemnify her (as stated in plaintiff’s declaration) “against the death of the said William Sherman Abbott resulting directly, independently and exclusively of all other causes, through accidental means within ninety (90) days from the date of receiving said accidental injuries, in the sum o£vfive thousand ($5,000) dollars.”
Defendant pleaded the general issue. The same testimony by Dr. Simpson was used in both cases. The other medical witness (Dr. Safford) did not claim, and testified he was not aware any one claimed, Abbott’s death was the result of this accident exclusively and independently from all other causes. Request by defendant for a directed verdict was denied and the
The judgment should be reversed with costs to defendant and a new trial granted.
Reference
- Full Case Name
- ABBOTT v. FIDELITY & CASUALTY CO.
- Status
- Published