211 F. 951 | 8th Cir. | 1914
This case presents a single question.. Is pleading and proof that the accidental bodily injuries, which caused the death of the insured, immediately, wholly, and continuously disabled him from performing the duties pertaining to his occupation, indispensable to a recovery by the beneficiary on account of such a death which occurred more than 90 days after the infliction of the injuries under a policy of accident insurance whereby the maker agrees to pa)for death caused by accidental bodily injuries on these conditions:
“If any one of the disabilities enumerated below” (the first of which was ■death) “shall result from such injuries alone, within ninety days from the*952 date oí tlie accident, tlie corporation will pay tlie sum specified opposite such disability, under section ‘B’ ” (wbicli sum was $5,000), “and in addition to weekly indemnity as provided in part 2, from the date of the accident to the .date of death, dismemberment or loss of sight; or, if such injuries shall, independently and exclusively of all other causes, immediately, wholly and continuously disable and prevent-the insured from performing any and every kind of duty pertaining to his occupation, and, during the period of such continuous disability and within two hundred weeks from the date of the accident, shall result in any one of the disabilities enumerated below” (the first of which was death), “the corporation will pay the sum specified opposite such disability under section ‘B’ ” (which sum was $5,000), “and in addition, weekly indemnity as provided in part 2 to the date of. the death, dismemberment or loss of sight.”
The court below answered this question in the affirmative and sustained a demurrer to a complaint for a recovery for the death of an insured which disclosed the facts that his accidental injuries occurred on September 25, 1909, that they did not disable him from performing, the duties of his occupation until March 15, 1910, and that he did not die until May 21, 1911. '
Stripped of' some of its verbiage,, the plain and certain contract of this insurance company by its policy was to pay to the plaintiff, the beneficiary named therein, $5,000 on account of the death of the insured occurring within 90 days after the accident which alone caused it, and to pay her $5,000 on account of his death occurring more than 90 days and within 200 weeks after the accident which alone caused it, if the bodily injuries inflicted by that accident immediately, wholly, and continuously disabled and. prevented him from performing any and every duty pertaining to his occupation. The plaintiff admits by her complaint that the death of the insured did not occur within 90 days after the accident which caused it and that the bodily injuries caused by that accident did not immediately, wholly, or continuously thereafter disable or prevent him from performing for several months duties pertaining to his occupation. The death of the insured was not, therefore, one of those on account of which the insurance company agreed to make a payment to the beneficiary, and the judgment below must be affirmed.
It is so ordered.