Horton

This is an action upon an accident insurance policy executed by defendant to plaintiff’s deceased husband, George Ray Horton, whereby he was insured against death “from bodily injuries, effected directly and independently of all other causes, through external, violent and accidental means.” A general demurrer to the complaint was sustained by the court below; from the judgment thereupon entered, plaintiff has taken this appeal.

The question presented is: Do the facts alleged in the complaint show that the insured died from bodily injuries affected solely through “external, violent and accidental means”? The complaint alleges the circumstances attending the death of the insured as follows: “On or about December 8, 1914, at Los Angeles, California, and while said accident insurance policy was in force, said George Ray Horton received bodily injuries, effected directly and independently of all other causes, through external, violent, and accidental means, to wit, by the introduction of virulent germs by and through dental instruments with virulent germs unexpectedly and unintentionally thereon, causing blood poisoning, and said injuries directly and proximately caused, and resulted…