Travelers Protective Assn. of America v. Prinsen
Opinion of the Court
delivered the opinion of the Court.
James Prinsen when he died was a member of the petitioner, a fraternal benefit association, incorporated under the laws of Missouri. By his certificate of membership, benefits in case of death were payable to his wife, Uluetta Prinsen, the respondent in this court. The payment to be made to her in the event of death by accident was $5,000, unless the accident occurred while the member was engaged in enumerated activities. Death suffered in such circumstances was excluded from the coverage. By the terms of the certificate the association was not to be liable if disability or death occurred “when a member is par
At the time of his death Prinsen was an officer of the Western Powder Company, which had an office in Salt Lake City, Utah, and a powder magazine outside the city limits. The Tintic Powder and Supply Company gave an order to the Hercules Powder Company for 300,000 dynamite caps, and the Hercules company asked the Western company to fill the order. The request was received by Prinsen, and with it a notice that within a few days the Hercules representative, Begaman, would come to Salt Lake City to accept delivery. On February 3, 1931, Begaman appeared at. the Western office with a
The respondent brought suit on the membership certificate to recover the benefits payable in the event of death by accident. The association defended on the ground that the member was killed while “ participating ” in the transportation of explosives. In the District Court a verdict was directed in favor of the defendant. The Court of Appeals reversed, one judge dissenting. 65 F. (2d) 841. This court granted certiorari to resolve a possible conflict with other federal decisions. Pittman v. Lamar Life Ins. Co., 17 F. (2d) 370; Head v. New York Life Ins. Co., 43 F. (2d) 517.
We assume in favor of the respondent that “ participation ” in the carriage of explosives imports something more than the presence of the assured in the vehicle of carriage. One who becomes, a passenger in an aeroplane may thereby participate in aeronautics (cf. Head v. New York Life Ins. Co., supra; Bew v. Travelers Ins. Co., 95 N.J.L. 533; 112 Atl. 859; Pittman v. Lamar Life Ins. Co., supra), but it does not follow that he participates in the carriage of the mails, and this though the plane to his
The respondent tells us that the assured at the time of the collision was a voluntary guest, and makes much of
The argument is made that a causal connection between the death and the explosion is not a necessary inference from the facts in evidence. The assured was blown to pieces, the fragments of his body being so small that an autopsy was impossible. We-are told that even so the impact of the engine may have been fatal without more. The contract does not say that the holder of the policy is to have no claim against the insurer if he dies “ by reason of ” his participation in the carriage of explosives. The contract says that he is to have no claim
In so far as these readings of the policy diverge, there is no need to choose between them for the decision of the case at hand, nor to search for a formula that may have capacity to reconcile them. If the first meaning is accepted, the controversy ends. If the second is accepted, it is still clear beyond debate that the effect of the forbidden act was to magnify the risk of death in the event of a collision, to aggravate the danger in the very event that happened. Less than this may be required to relieve the insurer of liability, but surely nothing more.
The good sénse of this construction of the policy has illustration in the case before us. At the very least the explosion was a concurrent cause of death, if not indeed the sole one.. The policy does not mean that in the event of a proscribed activity there shall be a segregation of causes operating in unison and a distribution of the consequences assignable to each. One of the essential purposes to be served by the limitation of the risk is to put an end to such a process 'of dissection and comparison. By the form of its policy the insurer has given notice to assured and beneficiary that it will refuse to become entangled in these mystifying subtleties. At the moment of the casualty the insurance was suspended by an aggravation of the hazard, and suspended it remained till the forbidden hazard was removed.
Reversed.
The full text of the exception follows: “ This Association shall not be liable to a member or his beneficiary for any disability benefits, special loss benefits or death benefits, when the disability, special loss, or death of a member occurs under any of the following conditions or circumstances; when inflicted by a member on himself, while sane or insane; when there are no visible marks of injury upon the body (the body itself not being deemed such a mark in case of death); when or while a member is in any degree under the influence of intoxicating liquor or liquors or of any narcotic or narcotics; when caused wholly or in part by reason of or in consequence of the use of intoxicating liquor or liquors or the use of any narcotic or narcotics; when caused wholly or in part by any bodily or mental infirmity or disease, dueling, fighting, or wrestling; when or while a member is acting as a sailor or soldier or is participating in war or riot; when or while a member is acting as an aviator or balloonist or is participating in aerial navigation or aeronautics of any kind either as a passenger, operator or assistant; when a member is participating in public or agreed automobile racing, or in wrecking, mining, blasting, or in the moving or transportation of gunpowder,dynamite, or other explosive substance or substances; when a member is murdered; when resulting from hazardous adventure or an altercation or quarrel; when there is a disappearance of a member; when the result of voluntary over-exertion (unless in a humane effort to save a human life); when the result of voluntary or unnecessary exposure to danger or to obvious risk of injury."
A nice discrimination is maintained throughout the policy in suit between causes’ of the casualty and aggravations of the hazard. Thus, liability is excluded when the accident is “ the result ” of voluntary overexertion, or “ the result ” of voluntary or unnecessary exposure to danger, or when “caused” by any bodily or mental'infirmity or disease. There is no such insistence upon a causal sequence when the insurer is participating in a war or a riot, or in aeronautics or in the transportation of explosives.
Order of United Commercial Travelers v. Greer, 43 F. (2d) 499; Flannagan v. Provident Life & Accident Ins. Co., 22 F. (2d) 136; Murdie v. Maryland Casualty Co., 52 F. (2d) 888; Shader v. Railway Passenger Ins. Co., 66 N.Y. 441; Conner v. Union Automobile Ins. Co., 122 Cal. App. 105; 9 P. (2d) 863; Bradshaw v. Farmers & Bankers Life Ins. Co., 107 Kan. 681; 193 Pac. 332; Order of United Commercial Travelers v. Tripp, 63 F. (2d) 37. Cf. U. S. Fidelity & Guaranty Co. v. Guenther, 281 U.S. 34; Metropolitan Life Ins. Co. v. Conway, 252 N.Y. 449, 452; 169 N.E. 642.
Matthes v. Imperial Accident Assn., 110 Iowa 223; 81 N.W. 484; Bradley v. Mutual Benefit Life Ins. Co., 45 N.Y. 422; cf. Jones v. U.S. Mutual Accident Assn., 92 Iowa 652; 61 N.W. 485; Accident Insurance Co. v. Bennett, 90 Tenn. 258; 16 S.W. 723; Murray v. New York Life Ins. Co., 96 N.Y. 614; Benham v. American Central-Life Ins. Co., 140 Ark. 612; 217 S.W. 462; Kelly v. Fidelity Mutual Life Ins. Co., 169 Wis. 274, 276; 172 N.W. 152; Bloom v. Franklin Life Ins. Co., 97 Ind. 478; Cluff v. M. B. Life Ins. Co., 13 Allen 308.
Dissenting Opinion
dissenting.
I think the judgment should be affirmed.
If “ participation ” means cooperation in the transportar tion, more than is involved in presence on the transporting vehicle with the knowledge that an explosive is being carried, I can perceive no ground for saying that there was participation here. That deceased had made the journey to deliver the caps and, as a “business invitee,” had a right to return on the vehicle on which he had placed it, seems to me as irrelevant as though the deceased had embarked as a passenger on a railroad train on which the explosion occurred after he or his firm had shipped dynamite upon it. By the terms of the policy, participation, to exclude liability, must be at the time of the injury. After the return journey began, deceased did nothing to facilitate the transportation. He neither controlled nor had the right to cor rol it. He was merely present. The distinction drawn between this case and that of mere presence, so difficult of statement and application, appears to me to obscure rather than to,define the meaning of the term and to violate the cardinal principle .that, so far as their language reasonably admits, insurance contracts are to be interpreted most favorably to the insured.
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