Underwriters at Lloyd's, London, England v. Jane S. Lyons, Glens Falls Indemnity Co., a Corporation v. Jane S. Lyons

Appellee’s husband, James Lyons, died while on a hunting trip in Mexico. Appellee, as beneficiary of certain accident insurance policies severally issued the deceased by appellants, brought suit to recover thereon. The suits were consolidated for trial and were heard by the court sitting without a jury. Judgment was granted in appellee’s favor.

The sole issue in the case is whether Lyons’ death was caused by accidental means. Responsive to the terms of the policies, the court made findings that Lyons “sustained bodily injury by accidental, violent, external, and visible means which solely and independently of any other cause occasioned his death within three calendar months from the date of the accident which caused such injury.” It further found that the injury was caused by the accidental discharge of a shotgun; that Lyons was a vigorous, robust man of normal health for his age (49 years) and was not suffering from disease, and that his death was not caused or contributed to directly or indirectly by disease or natural causes.

The record consists in major part of expert medical testimony. It appears that in February of 1953 Lyons upon return from an extensive business trip…