Breschini

The appellant, New Amsterdam Casualty Company, hereinafter called the “casualty company,” issued an accident insurance policy on June 13,1913, to John Breschini, hereinafter called the “insured.” The poliey was renewed from year to year. The insured died July 7, 1930, while the poliey was still in force. His wife, Tranquilla Breschini, the appellee, was the beneficiary'named in the poliey in the event of his death by accident. The appellee alleged that the death of said Breschini was caused by and resulted from bodily injuries “not intentionally self-inflicted, which independently of all other causes were effected solely and exclusively by accidental means resulting within ninety days of the event causing such bodily- injuries.”

The casualty company claims that the injuries from which the insured died were intentionally self-inflicted in an effort to commit suicide. The poliey does not cover death by suicide, whether the assured be sane or insane. The poliey expressly covers death caused or contributed to by somnambulism. The complaint did not allege that the death of the insured was contributed to by somnambulism, nor was that subject presented during the trial by the attorneys…