Martin

Fidelity & Casualty Co. v. Martin

Good Law
66 F.2d 438·1933 U.S. App. LEXIS 2675
United States Court of Appeals for the Ninth CircuitJuly 27, 1933No. 6930California1,778 words

Opinion

Lead Opinion

Wilbur, J.

This action was brought by Ines Martin against the Fidelity & Casualty Company of New York to recover $5,000 under an accident insurance policy ealled a “personal automobile accident pol-iey,” issued to her husband, Teddy Martin, by that company, in which she was named as beneficiary in case of the death of the insured.

The insurance contract in question contained the following provisions:

“The Fidelity and Casualty Company of' New York does hereby insure the persons, named in Statement A of the copy of the application in the principal sum and weekly indemnity hereinafter specified, against—

*439 “Bodily injury sustained during the term of one year from noon, standard time, of the day this policy is dated, through accidental means—

“(1) While riding in or on, driving, operating, demonstrating, or while cranking, adjusting, repairing, a private passenger automobile.”

Also, there axe “Additional Provisions” as follows:

“A. This insurance shall not cover • * * injuries fatal or otherwise sustained by the insured: * * *

“3. While riding or1 driving in or on any motorcycle, automobile truek. * * * ”

In ease of death resulting from such bodily injuries within ninety days…

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