16 A.2d 351 | Conn. | 1940
The plaintiff brought this action in two counts to recover under identical double indemnity provisions of two policies of insurance upon her husband's life issued by the defendant, in each of which she is named beneficiary. The facts are not in dispute, *253 and have been stipulated by the parties. By the supplemental agreement in each policy the defendant agreed to pay to the plaintiff as beneficiary double indemnity in case of accidental death of the insured, but the contract states: "This provision shall not cover death resulting directly or indirectly from self-destruction, while sane or insane; . . . or from poisoning or asphyxiation. The Company shall have the right and opportunity to examine the body and make an autopsy unless prohibited by law." The insured was in good health and complied with all provisions of the policy. He died an accidental death caused by poisoning under these circumstances: About noon on May 16, 1938, he ate a meal of pork chops, gravy, string beans, potatoes, bread, butter and beer in a restaurant in New Haven. Almost immediately he became nauseated and vomited. Soon after he was taken violently ill and was removed in a state of collapse to a hospital, where he died at 8.40 p. m. the same day. An autopsy and chemical analysis of the contents of his stomach and intestines showed that death was due to poisoning by arsenic and barium salts in quantities more than sufficient to kill a human being. These chemicals are two active ingredients in a common rat poison known as "Rough on Rats." The taking of the poison was accidental and not for medicinal purposes, and the insured did not consume it consciously, or intentionally. The defendant paid upon each policy the $2500 life insurance specified apart from the double indemnity. The court gave judgment for the defendant. The sole question for determination is whether the defendant is absolved from the further payment of double indemnity by virtue of the provision above quoted contained in the supplemental agreement.
The plaintiff contends that the words "death resulting . . . from poisoning," definitive of the defendant's *254
exemption from liability are ambiguous, and that therefore the familiar rule that where there is room for two constructions, the words used should be interpreted most strongly against the insurer applies. Rinaldi v. Prudential Ins. Co.,
The plaintiff further contends that the exemption should be construed as inapplicable to bar recovery because the poison was not taken by the voluntary, conscious or intelligent act of the insured. In support of this contention she relies upon the case of Paul v. Travelers Ins. Co.,
The statement of the court in concluding its opinion in Urian v. Scranton life Ins. Co., supra (p. 154), well states the rule which is in accord with the authorities and conclusive of the present case, in these words: "It is plain to us that where, as here, an accident policy, whose language is clear and unambiguous, states as an exception from liability that which is simply a cause, without any reference therein to a possible act or omission to act by the insured or any other person, which might be, as respects that cause, either intentional or unintentional no recovery can be had in cases where the injury or death is due to that cause, unless there is, in the policy, some other provision requiring a different conclusion to be reached." No other policy provision in the case before us requires a different conclusion.
There is no error.
In this opinion the other judges concurred.