141 Ky. 92 | Ky. Ct. App. | 1910
Opinion of the Court by
Affirming.
The General A.ecident and Life Assurance corporation limited issued to Dr. W. E. Meredith an accident policy. He died while the policy was in force, and this' action was brought by his wife, Oora M. Meredith, to recover on the policy. Oh a trial of the case in the circuit court before a jury, there was a verdict in her favor for $500. The court entered judgment on the verdict, refusing the defendant a new trial, and it appeals.
The instructions of the court are not made a part of the record, and there were no material exceptions taken to the testimony introduced on the trial. Practically the only ground of complaint on the appeal is that the verdict of the jury is against the evidence. The facts of the case are these: Dr. Meredith lived at Scottsville, Kentucky, he and his brother conducting an infirmary there. On January 21, 1909, he and his wife, and several others, went to Nashville, Tennessee, stopping at the Maxwell House. In the afternoon he and his wife returned to the station about fifteen minutes before train time, and there the doctor remembered that lie had left his overcoat at the Maxwell House. He went after his overcoat. About the time the train he wished to take
It is insisted, however, that tbe facts shown do not warrant tbe recovery bad under tbe policy. Tbe policy provides among other things that tbe company thereby insured the deceased as follows:
*95 “TOTAL ACCIDENT DISABILITY. .
“(a) At the rate of fifty dollars per month, for a period not exceeding twenty-four consecutive months, against total loss of time resulting directly and independently of all other causes from bodily injuries effected through external, violent and accidental means, and which wholly and continuously from date of accident disable and prevent the assured from performing every duty pertaining to any business or occupation.
“PARTIAL DISABILITY.
“(b) Or, if such injuries shall wholly and continuously, from date of accident, disable and prevent the assured from performing one or more important daily duties pertaining to his occupation, or in event of lilte disability immediately following total loss of time, the company will pay the assured for the period of such partial disability, not exceeding six (6) consecutive months, at the rate of 40 per cent. (Twenty dollars) per month, provided the maximum period for which indemnity shall be paid under paragraphs A and B hereof, for any one injury, shall not exceed twenty-four consecutive months.
“SPECIFIC TOTAL LOSSES.
“(c) Or, if any one of the following specific total losses shall result solely from the injuries described in paragraph A within ninety days from date of accident, the company will pay, in lieu of any other indemnity
For Loss of
Life five hundred dollars, the principal ‘sum of this policy,
Both hands by severance at or above the wrist, the principal sum,
Both feet by severance at or above the ankle, the principal sum,
One hand and one foot by severance at or above the wrist or ankle, the principal sum,
Entire sight of both eyes, if irrevocably lost, the principal sum,
Either hand by severance at or above the wrist, one-half of the principal sum,
Either foot by severance at or above the ankle, one-half the principal sum,
Entire sight of one eye, if irrevocably lost, one-third of the principal sum.
*96 “Indemnity for loss of life shall be payable to the beneficiary named in said schedule, if surviving, otherwise to the executors or administrators of the assured.”
It will be observed that in clause A regulating the amount to be paid for total accident disability, the company assumes responsibility only for “loss of time resulting .directly and independently of all other causes from bodily injuries effected through external violent and accidental means, and which wholly and continuously from date of accident disable and prevent the assured from performing every duty pertaining to any business or occupation.” It is insisted that the assured made the calls referred to after he was hurt and on both of these days was not wholly and continuously prevented from performing the duties pertaining to his business. If this was a suit to recover for his disability at the rate of fifty dollars a month, this clause would apply, and would preclude a recovery on the facts shown for total accident disability. But the recovery is not sought under this clause. The recovery is sought under clause C for loss of life $500. It is insisted that in this clause the liability of the company is limited to losses which “shall result solely from the injuries described in paragraph A within ninety days from date of accident,” and that when we look to paragraph A, the only injuries which are included in it are those which wholly and continuously from date of accident 'disable the assured from performing every duty pertaining to his occupation. But that is not the meaning of the policy. The losses specified in section C must occur “within ninety days from date of accident,” that is, the company is not liable for loss of life unless the man dies in ninety days after the accident. The injuries described in Paragraph A within the meaning of section C are “bodily injuries effected through external, violent.and accidental means.” Section C deals with the loss of life or a hand or foot or eyes. It sets out a liability which the company assumes in addition to the total accident disability set out in section A. The total accident disability cannot be recovered for under section A unless the disability is continuous from the date of the accident. But for the things set out in section C no disability is required. It is only required that the loss must occur within ninety days from the date of the accident. We had this question before us under a policy practically the same as this in Aetna Life Ins. Co. v.
, On the whole case we see no reason for disturbing the verdict of the jury.
Judgment affirmed.