External, Violent And Accidental Means

44 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Price v. The Prudential Ins. Co. of Am.
  98 Fla. 1044· Fla.· 1929-12-07 ·cited 47×
  Dorothy Y. Price sought recovery of $100,000 under an insurance policy issued to her deceased husband by Prudential Insurance Company—$50,000 as the face amount and $50,000 as an accidental death benefit. The central issue was whether an aviation exclusion in the policy barred re
• Conn. Gen. Life Ins. Co. v. Breslin
  332 F.2d 928· 5th Cir.· 1964-06-04 ·cited 40×
  The court held that the trial court misconstrued the burden of proof regarding accidental death under an insurance policy, requiring a remand for further findings. The court also affirmed the denial of a continuance and the striking of a jury demand.
• Metro. Life Ins. Co. v. Jenkins
  152 Fla. 486· Fla.· 1943-03-05 ·cited 35×
  Metropolitan Life Insurance Company appeals a jury verdict in favor of Amanda Jenkins on her claim under accidental death policies insuring her son Howard K. Jenkins. The case turns on whether Jenkins' death from a car crash was caused solely by accidental external means or was c
• Bearman v. Prudential Ins. Co. of Am.
  186 F.2d 662· 10th Cir.· 1951-01-02 ·cited 30×
  The court held that the beneficiary's medical expert testimony was insufficient to establish a causal connection between the insured's accident and his death from coronary occlusion, as it only suggested possibility rather than probability.
• The N. Am. Accident Ins. Co. v. Moreland
  60 Fla. 153· Fla.· 1910-06-01 ·cited 26×
  North American Accident Insurance Company challenges a default judgment in favor of Nellie Moreland on an accidental death insurance policy. The Florida Supreme Court affirms, holding that the declaration sufficiently alleged a cause of action by alleging death from gunshot wound
• Loys C. Wilson v. NEW York Life Ins. Co.
  250 F.2d 649· 8th Cir.· 1958-01-03 ·cited 24×
  The court held that the plaintiff failed to meet the burden of proof to establish that the insured's death resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means.
• Mason v. Life Cas. Ins. Co. of Tenn.
  41 So. 2d 153· Fla.· 1949-06-21 ·cited 24×
  The court reviewed a case where an insurance company denied an accidental death benefit claim, arguing the insured's death was caused by intoxication. The court reversed the lower court's decision, holding that the insurer failed to prove intoxication was the direct cause of deat
• The MacCabees v. Terry
  67 So. 2d 193· Fla.· 1953-07-31 ·cited 22×
  The Maccabees, a life insurance association, sought certiorari review of judgments awarding double indemnity benefits to Terry's beneficiary for his death from a ruptured brain aneurysm allegedly caused by work-related strain. The Florida Supreme Court held that even if the strai
• Jones v. General Accident
  103 Fla. 787· Fla.· 1931-12-02 ·cited 21×
  In this insurance dispute, the Florida Supreme Court reversed a directed verdict for the defendant insurer, holding that a jury question existed regarding whether the insured's death resulted solely from accidental bodily injury or was contributed to by disease, where the policy
• N.Y. Life Ins. Co. v. Cooper
  167 F.2d 651· 10th Cir.· 1948-04-16 ·cited 20×
  The court held that the prior federal court action conclusively adjudicated the factual issues regarding whether the insured's death was accidental, precluding relitigation under the doctrine of res judicata.
• Mut. Life Ins. Co. of N.Y. v. Hess
  161 F.2d 1· 5th Cir.· 1947-04-25 ·cited 20×
  The court held that the insured's wife was not entitled to disability benefits due to unmet policy conditions and that the insurer was not barred from asserting the autopsy clause defense. The court also found that the evidence did not support a finding of accidental death for do
• Gulf Life Ins. Co. v. Weathersbee
  126 Fla. 568· Fla.· 1936-10-16 ·cited 19×
  Gulf Life Insurance Company appeals from judgment awarding beneficiaries of an insured's estate both the face value and double indemnity proceeds from a life insurance policy issued in 1931. The insured died from a self-inflicted gunshot wound in 1933, and the key issue is whethe
• Pierkowskie v. N.Y. Life Ins. Co.
  147 F.2d 928· 3d Cir.· 1944-12-01 ·cited 18×
  The court held that the trial judge's actions regarding a hypothetical question, while potentially erroneous in permitting it as asked, were ultimately not prejudicial and did not constitute reversible error. The judge's charge to the jury was also found to be fair and impartial.
• NEW York Life Ins. Co. v. Satcher
  152 Fla. 411· Fla.· 1943-02-19 ·cited 18×
  New York Life Insurance Company sought to recover double indemnity benefits under a life insurance policy, claiming the insured died by accidental means. The Florida Supreme Court affirmed the trial court's judgment for the plaintiff, holding that the presumption against suicide
• Kimbro v. Metro. Life Ins. Co.
  112 So. 2d 274· Fla. 3d DCA· 1959-05-21 ·cited 15×
  A widow as beneficiary under a life insurance policy sought double indemnity benefits, alleging her husband's death resulted from accidental injury. The trial court instructed the jury that the beneficiary bore the burden of negating all policy exceptions—including suicide and di
• Peoples Loan & Inv. Co. v. Travelers Ins. Co.
  151 F.2d 437· 8th Cir.· 1945-10-17 ·cited 12×
  The court held that the insured's death was not accidental as a matter of law, and the trial court did not err in admitting evidence of the insured's prior hostility towards the police.
• Conchita S. Lewin v. Metro. Life Ins. Co.
  394 F.2d 608· 3d Cir.· 1968-04-16 ·cited 10×
  The court held that the district court erred in granting judgment n.o.v. and a new trial, finding sufficient evidence for the jury to determine the infection was the sole cause of the insured's disability.
• GAY v. The Pac. Mut. Life Ins. Co.
  237 F.2d 448· 5th Cir.· 1956-10-16 ·cited 8×
  The court held that even if the result of death was accidental, the means causing the death must also be proven to be accidental under the terms of the policy.
• Paul Revere Life Ins. Co. v. Stanfield
  151 F.2d 776· 10th Cir.· 1945-10-30 ·cited 8×
  The court held that the symptoms of sunstroke, such as pallor, perspiration, dilated pupils, and a bluish tint to the skin, do not constitute a 'visible wound or contusion' as required by the insurance policy's double indemnity rider.
• Decker v. NEW York Life Ins. Co.
  328 F.2d 650· 5th Cir.· 1964-03-04 ·cited 6×
  The court held that a preexisting heart condition, even if aggravated by an accident and its treatment, prevents recovery under the double indemnity clause if the condition contributes to death.
• Powell v. NEW York Life Ins. Co.
  120 So. 2d 33· Fla. 2d DCA· 1960-04-27 ·cited 6×
  Betty Powell sought recovery under the double indemnity provision of her deceased husband's life insurance policy after he was fatally shot by their 16-year-old son during an assault on Mrs. Powell. The court affirmed summary judgment for the insurance company, holding that the i
• NEW York Life Ins. Co. v. Blanche Dick
  252 F.2d 43· 8th Cir.· 1958-02-07 ·cited 6×
  The court held that the evidence conclusively showed the insured's death was not accidental, thus the question was not one for the jury.
• Leora K. Beams v. John Hancock Mut. Life Ins. Co.
  325 F.2d 887· 6th Cir.· 1964-01-03 ·cited 4×
  The court held that the beneficiary could not recover under the double indemnity clause because the insured's death was caused by a combination of an accidental fall and a pre-existing gall bladder disease, not solely by the accident.
• NEW York Life Ins. Co. v. McGEHEE
  260 F.2d 768· 5th Cir.· 1958-11-07 ·cited 4×
  The court held that substantial evidence supported the jury's finding that the insured's death resulted from an accidental injury, independent of pre-existing diseases, thus entitling the estate to double indemnity.
• Ætna Life Ins. Co. of Hartford v. Dorothea Stokes
  252 F.2d 383· 5th Cir.· 1958-03-05 ·cited 4×
  The court held that the plaintiff failed to present sufficient evidence that the death was accidental and not contributed to by the decedent's pre-existing illness or medical treatment, as required by the policy exclusion.
• Metro. Life Ins. Co. v. Henkel
  234 F.2d 69· 4th Cir.· 1956-05-18 ·cited 4×
  The court held that the insured's death resulted from accidental means within the meaning of the double indemnity provision of the life insurance policy.
• Brucker v. The Order OF United Commercial Travelers OF Am.
  217 F.2d 876· 7th Cir.· 1954-12-23 ·cited 4×
  The court held that the jury's verdict for accidental death benefits was supported by sufficient evidence, and the trial court did not err in admitting a hospital record or in providing supplementary jury instructions.
• NEW York Life Ins. Co. v. Sayde F. Hoffman
  218 F.2d 465· 6th Cir.· 1954-12-14 ·cited 4×
  The court held that conflicting evidence regarding the cause of death presented a jury issue, which was resolved in favor of the plaintiff based on substantial evidence.
• Ry. Mail Ass'n v. Stauffer
  152 F.2d 146· D.C. Cir.· 1945-12-10 ·cited 4×
  The court held that the insurance company is not liable because the death was not solely caused by accidental means, but was contributed to by a pre-existing bodily infirmity.
• THE Metro. Cas. Ins. Co. OF NEW York v. Curry
  156 Fla. 502· Fla.· 1945-10-26 ·cited 4×
  Metropolitan Casualty Insurance Company appeals a judgment in favor of Curry on his disability claim under an accident insurance policy. The court held that Curry, who was standing on a parked delivery truck when struck by an oncoming automobile, was not covered under the policy
• Mut. Life Ins. Co. of N.Y. v. Hassing
  134 F.2d 714· 10th Cir.· 1943-03-16 ·cited 4×
  The court held that the evidence was insufficient to support a jury verdict for double indemnity because it failed to establish that the insured's death resulted solely from accidental means, independent of any pre-existing disease or infirmity.
• Hatcher v. S. Life & Health Ins. Co.
  207 So. 2d 316· Fla. 2d DCA· 1968-02-07 ·cited 2×
  Appellant beneficiary challenged the dismissal of her life insurance claim following her husband's death by asphyxiation from aspirated vomitus. The court affirmed the dismissal, holding that death caused by internal bodily processes (aspiration of vomitus) does not constitute de
• Georgie W. McCALLUM v. Mut. Life Ins. Co. OF NEW York
  274 F.2d 431· 4th Cir.· 1960-01-20 ·cited 2×
  The court held that death by aspiration of vomitus does not constitute death through 'external, violent and accidental means' under the double indemnity provisions of the insurance policies.
• Graves v. The Penn Mut. Life Ins. Co.
  227 F.2d 445· 2d Cir.· 1955-11-23 ·cited 2×
  The court held that the jury's determination that the insured's death resulted from a temporary illness, rather than a permanent disease or mental infirmity, was supported by sufficient evidence and proper jury instructions.
• McKEEVER v. The Prudential Ins. Co. OF Am.
  204 F.2d 59· D.C. Cir.· 1953-04-02 ·cited 2×
• Hooker v. N.Y. Life Ins. Co.
  161 F.2d 852· 7th Cir.· 1947-05-08 ·cited 2×
  The dissenting judge believes the majority opinion incorrectly construed the insurance policy's war exclusion clause.
• N.Y. Life Ins. Co. v. Griesedieck
  116 F.2d 559· 8th Cir.· 1941-01-08 ·cited 2×
  Death from heatstroke qualifies as death by external, violent, and accidental means under the policy, but interest on the double indemnity benefit is recoverable only from the date proof of loss was furnished or demand was made.
• Inez Smith Graves Adams v. State Farm Life Ins. Co.
  453 F.2d 224· 5th Cir.· 1971-12-08
• Lykins v. Mut. Life Ins. Co. of N.Y.
  284 F.2d 333· 6th Cir.· 1960-12-15
  The court held that the plaintiff failed to meet the burden of proof for accidental death benefits, as the insured's pre-existing infirmities contributed to his fall and subsequent death.
• Commercial Travelers Ins. Co. v. Nova Garett Walsh
  228 F.2d 200· 9th Cir.· 1955-12-19
  The court held that the insured's act of quickly grabbing a falling sack of wheat, which led to his death from a coronary occlusion, was not a deliberate act under Washington law and thus constituted an accident covered by the policy.
• United Life & Accident Ins. Co. of Concord v. Willoughby
  182 F.2d 113· 4th Cir.· 1950-05-24
  The court held that the evidence conclusively established homicide as the cause of the insured's death, precluding recovery of double or triple indemnity under the life insurance policies.
• Ry. Mail Ass'n v. Babbitt
  160 F.2d 314· 9th Cir.· 1947-03-12
  The court held that the beneficiary could recover on the accident policy even if the insured had a pre-existing disease, as long as the accidental means were the primary cause of death. Hospital records and a photograph were admissible.
• Aetna Life Ins. Co. v. Newbern
  127 F.2d 171· 8th Cir.· 1942-04-20
  The court held that the trial court did not err in its jury instructions regarding the burden of proof for suicide, nor in refusing to direct a verdict for the defendant, as the evidence presented a jury question.
• Altmayer v. Travelers Protective Ass'n of Am.
  119 F.2d 1005· 7th Cir.· 1941-05-22
  The court held that the plaintiff failed to present substantial evidence that the insured's death resulted from external, violent, and accidental means, thus no jury question was presented.