MASON
v.
LIFE CASUALTY INS. CO. OF TENNESSEE
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The judgment must be reversed because the insurance company failed to demonstrate that the insured's death fell within the policy's exception clause.
This case involves an accidental death policy with an exception for loss resulting from the use of intoxicating liquors. The facts are identical to a …
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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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Mason v. Life Cas. Ins. Co. of Tenn., 41 So. 2d 153 (Fla. 1949)…Action by Leona Mason against the Life Casualty Insurance Company of Tennessee, a corporation, to recover benefits for accidental death of insured, under a life policy. From the judgment, plaintiff appeals. Judgment reversed. See also Fla., 41 So. 2d 155. The appeal is from a judgment overruling a demurrer to a plea in a suit involving a claim for double indemnity benefits under a life insurance policy. Leona Mason, the beneficiary under a policy of life insurance issued by the Life and Casualty In…
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Blue Cross & Blue Shield OF Fla., Inc. v. Steck, 778 So. 2d 374 (Fla. 2d DCA 2001)…summary judgment were filed. The trial court granted Ms. Steck’s motion and denied Blue Cross’s, citing Mason v. Life & Casualty Insurance Co. of Tennessee, 41 So. 2d 153 (Fla.1949) (Mason I), and Mason v. Life & Casualty Insurance Co. of Tennessee, 41 So. 2d 155 (Fla.1949) (Mason II). This appeal then ensued. Mason I and Mason II were based on two different life insurance contracts but covered the same insured. Ms. Mason was intoxicated and riding in a taxicab outside of Pensacola, Florida, when she ordere…
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Am. Heritage Life Ins. Co. v. English, 786 So. 2d 1280 (Fla. 5th DCA 2001)…Insurance policy exclusions targeting inebriated insureds have been considered by the Florida Supreme Court on several occasions. See Mason v. Life & Cas. Ins. Co. of Tenn., 41 So. 2d 153 (Fla.1949) (Mason I); Mason v. Life & Cas. Ins. Co. of Tenn., 41 So. 2d 155 (Fla.1949) (Mason II)Mason I and Mason II involved two separate insurance policies insuring the life of one person, Mason, who was riding in a taxicab while intoxicated. For no apparent reason, Mason ordered the cab driver to stop, exited the cab in…
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