Pervangher v. Union Casualty & Surety Co.
Pervangher v. Union Casualty & Surety Co.
Opinion of the Court
delivered the opinion of the court.
The demurrer is to the whole declaration, which contains-three counts. We all agree that the second count is a good one,, and that therefore the judgment sustaining the general demurrer must be reversed. Where an accident from external means results in internal injuries, we think it sufficient to so-charge, without specifying the particular organ hurt, and it is not every strain that will take the injury out of the protection of the policy. This would depend on the facts; and if the first and third counts should be made more definite as to the circumstances of the injury, the proof might develop a case warranting a recovery under them. 1 Cyc., 248, et seq.j 1 Ency.,.
Reversed and remanded.
Reference
- Full Case Name
- Mazara Pervangher v. Union Casualty & Surety Co.
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- 5 cases
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- Published
- Syllabus
- Accident Insurance. Construction of policy. Internal injuries. Pleadings. Where an accident from external means results in internal injuries the case is within the terms of an accident policy insuring “against loss effected solely, directly, and independently of all other causes, by bodily injuries .sustained through external, violent, and accidental means,” and it is unnecessary in a suit upon the policy to specify in the declaration the particular organ hurt.