Drake

Travelers Ins. v. Drake

Good Law
89 F.2d 47·1937 U.S. App. LEXIS 3380
United States Court of Appeals for the Ninth CircuitFebruary 23, 1937No. 8150California2,733 words

Opinion

Lead Opinion

Neterer, J.

Judgment was obtained by the beneficiary of a policy of accident insurance for the death of the insured. The policy contained the following provision: In the event the injury should result in death “independently and exclusively of all other causes” and not be “caused directly or indirectly, wholly or partly by bodily or mental' infirmity, bacterial infections * * * or by any other kind of disease,” and reversal is sought.

The exceptions may be stated generally: (a) Insufficient evidence of accidental death or death by accidental means, independent of all other causes; (b) admission of doctors’ evidence as to cause of death; and (c) evidence of the widow concerning a draft issued by appellant for $188.-51 to insured — deceased—reading in part, “the same being in part settlement of all claims against the Travelers Insurance Company.” “From 3-23-34 10 A.M. to 4-20-34 10 A.M.” “Date of Disability 3-23-34.” “Insured Raymond E. Drake.”

The evidence shows insured assisted in arranging a “display advertisement machine” by moving the base and placing the upper section of the machine, weighing 317 pounds, upon the floor. The machine consists of an upper section and a base; it is…

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