31 S.E.2d 429 | Ga. Ct. App. | 1944
A policy of insurance providing double indemnity for accidental death, excluding death from "homicide," held to exclude a homicide resulting from a severe beating, as by a robber, when the beating is inflicted in aid of robbery.
The only question for decision is whether or not the insurance company is liable for double indemnity on this policy by reason of the double-indemnity provision attached thereto and the exceptions contained therein. The agreed statement of facts shows undisputedly that the insured died on August 4, 1943, as the result of a blow on the head inflicted on the same day with a blunt instrument by one Jim Ramsey for the purpose of robbing the insured. "An injury is presumed to be the result of accident rather than of design. In policies of accident insurance, which indemnity against loss effected through external, violent, and accidental means, it has uniformly been held that a recovery may be had for an injury inflicted by another, if the injury is not the result of misconduct or participation of the injured party, but is unforeseen by him." Gaynor v. Travelers Ins. Co.,
Clauses in accident insurance policies on the causes of death have been fruitful of conflict in construction by the courts of the various states. The rule of construction in this State is: "Policies of insurance will be liberally construed in favor of the object to be accomplished and the provisions therein will be construed strictly against the insurer." Fokes v. InterstateLife Accident Co.,
In our opinion it would not be permissible to withdraw from the exception clause all homicides from manslaughter to murder and to exclude by a process of construction from the excepting clause all homicides, including criminal homicides, and particularly a homicide which constituted such a highly criminal one as that described in the instant case. In the instant case the exception to the double-indemnity feature of the policy was that if the death of the insured was caused by a homicide there could be no recovery. We think such exception intended to exclude criminal homicides of the character here shown in the agreed statement of facts. Hence, the policy did not cover death resulting from a severe beating by robbers, and the undisputed evidence having shown that the homicide was of such a character, there was no liability *560
on the accidental features of the policy or the double-indemnity provision attached thereto and the exceptions contained therein, and the judge did not err in overruling the motion for a new trial. United Life Accident Ins. Co. v. Prostic,
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.