Groves

Order of United Commercial Travelers of America v. Groves

Good Law
130 F.2d 863·1942 U.S. App. LEXIS 3212
United States Court of Appeals for the Ninth CircuitSeptember 21, 1942No. 9897California1,277 words

Opinion

Lead Opinion

Haney, J.

Appellant seeks reversal of a judgment rendered against it in an action brought by appellee as the beneficiary of an accident insurance policy in which appellee’s husband, the deceased, was the named insured.

The policy in question made as a part of the contract of insurance, appellant’s constitution and by-laws and the certificate. The certificate provided that the insured was indemnified

“against the results of bodily injury hereinafter mentioned affected through external, violent and accidental means, herein termed the accident, which shall be occasioned by the said accident alone and independent of all other causes * * *

“Nor shall benefits * * * be payable unless external, violent and accidental means, producing bodily injury, is the proximate, sole and only cause of the death, disability or loss.”

Appellant’s constitution in Art. IV, Sec. 4, contained a provision substantially identical to the first one quoted from the certificate. Art. IV, Sec. 9 provided:

■ “Nor shall benefits be payable * * * where the death * * * was contributed by disease in any degree. Nor shall benefits * * * be payable nor extend to any cause of death or loss of time unless the claimant under…

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