New York Life Insurance Company, a Corporation v. Joyce A. Harrington

Appellant New York Life issued to one Arnold Harrington two insurance policies providing for double indemnity in case of accidental death. On February 5, 1960, a firearm which Arnold Harrington held pointed at his head was discharged, inflicting a wound from which he subsequently died.

Payment of that portion of the policies providing for payment in the case of death from natural causes was made. The claim for indemnity because of alleged accidental death was denied, appellant contending that the infliction of the wound was not accidental, and if not deliberate suicide, then it was the result of the handling of a dangerous weapon in such a reckless and careless manner that as a matter of law the cause of death was not accidental as provided in the policies. The case was tried to the court sitting without a jury.

After final submission the trial court made and filed among others, the following findings of fact and conclusions of law:

Appellant argues that the findings and conclusions are wrong in that they are not supported by the evidence or are not well founded in law. In resolving these contentions we take a look at the evidence as developed at the trial.

The' Harringtons…

(concurring) .

On the record here, I am convinced the California appellate courts would sustain the decision of the trial court. Were I on the highest court of California, which I shall never be, I would not vote to sustain the finding of an “accident.” (I have no other trouble with the case.) Also, I am a little influenced by Williams v. Carolina Life Insurance Co., 348 U.S. 802 , 75 S.Ct. 30 , 99 L.Ed. 633 , and by Johnson v. Union Pacific, 352 U.S. 957 , 77 S.Ct. 359 , 1 L.Ed.2d 316 . Counsel for appellant, as I, can readily distinguish these two cases from the Harrington case. Nonetheless, they reveal an approach which I think might prevail on certiorari were we to reverse the district court here.

Reluctantly, I concur.

299 F.2d 803 NEW YORK LIFE INSURANCE COMPANY, a Corporation, Appellant, v. Joyce A. HARRINGTON, Appellee. No. 17398. United States Court of Appeals Ninth Circuit. Feb. 14, 1962. McCutchen Doyle, Brown & Enersen, Morris M. Doyle, Richard Murray, San Francisco, Cal., for appellant. Allan Brotsky, Charles W. Decker, San Francisco, Cal., for appellee. Before CHAMBERS, ORR and DUNIWAY, Circuit Judges. ORR, Circuit Judge. 1 Appellant New York Life issued to one Arnold Harrington two insurance policies providing for double indemnity in case of accidental death. On February 5, 1960, a firearm which Arnold Harrington held pointed at his head was discharged, inflicting a wound from which he subsequently died. 2 Payment of that portion of the policies providing for payment in the case of death from natural causes was made. The claim for indemnity because of alleged accidental death was denied, appellant contending that the infliction of the wound was not accidental, and if not deliberate suicide, then it was the result of the handling of a dangerous weapon in such a reckless and careless manner that as a matter of law the cause of death was not accidental as provided in the policies. The…