157 Ky. 270 | Ky. Ct. App. | 1914
Opinion of the Court by
Affirming.
The Pacific Mutual Life Insurance Company issued to William McCabe on July 21, 1911, a policy of insurance, his brother, Thomas McCabe, being named as beneficiary, by which it insured him “against the results, hereinafter set forth, of and caused solely by external, violent and accidental means at once producing visible
Tke policy also contained these provisions:
10. “In tke event of any claim arising under tkis policy (irrespective of its cause) due directly or indirectly, wholly or in part, to any chronic disease or infirmity, tuberculosis, rheumatism, paralysis, apoplexy, orchitis, neuritis, locomotor ataxia, lumbago, strains, lame back, sciatica, vaccination, Bright’s disease, dementia, insanity, vertigo, fits, hernia, or in tke event of any*272 accident otherwise covered by this policy resulting in hernia, or either accident or illness of which there shall be no visible marks on the body (drowning excepted); then and in all snch cases benefits shall be paid solely under illness benefits as provided under clause 5 of this policy, but in no event for an amount in excess of the amount payable for one month’s house confinement under said clause, anything to the contrary herein notwithstanding. But no indemnity shall be payable under this policy for any loss due directly or indirectly, wholly or in part, to any venereal disease, or to any disease not common to both sexes.
11. “In the event of any claim arising under this policy (irrespective of its cause) due directly or indirectly, wholly or in part, to sunstroke, peritonitis, appendicitis, abscesses, ulcers, blood poisoning, infection, or contact with poisonous or infectious substances, then and in all such cases benefits shall be paid solely under illness benefits as provided under clause 5 of this policy; except that in the event of claim arising due to infection or blood poisoning following immediately after and as a direct result of accident, such infection or poisoning having its inception while insured is under the care of a physician, then in such case benefits shall be paid under accident benefits as provided in clauses 1, 2 and 3 of this policy.
d. “The right'to make claim for one of the above specified results of any accident or illness or disease shall exclude all other claims based upon the same accident or illness or disease, and the" right to make any claim except a claim under clauses 1, 2 and 5 shall cause this policy to cease and it shall be surrendered to the company.”
William McCabe was a painter by trade, and on December 12,1911, while the policy was in force, he suffered a fall by which he sustained a severe bruise on his left hip. He was confined to his house by the' injury and was treated by a physician who administered to the external wound. The wound got better and on January 6 Mc-Cabe applied for a disability benefit under clause 1 of his policy. The amount, $33.00, was paid to him and he receipted to the company for it, he then supposing that he would be able to go to work within a month from the time he was injured; but instead of getting better after January 12, he began suffering pain in his stomach and
Tbe proof on tbe trial showed in addition to tbe facts we have stated that after bis death, an autopsy was performed upon bis body which disclosed the fact that there ;was a bole as large as a silver quarter in tbe transverse colon; that nature, attempted to close tbe aperture and tbe escaping matter passed into tbe omentum; that tbe matter escaping from tbe colon and gathered in tbe omentum was the cause that tbe bowels instead of being in a natural condition, were found stuck together. The surgeons who testified on tbe trial testified that death ensued when tbe omentum no longer contained this matter and it escaped into tbe peritoneum. They also' testified that from tbe condition in which they found tbe bowels, tbe injury to tbe colon was tbe cause of tbe trouble; that this might have came from such a fall as we have described and that tbe condition of tbe bowels indicated that tbe trouble with tbe colon bad existed some weeks. Their testimony warranted tbe jury under tbe facts in concluding that tbe fall caused tbe injury to tbe colon and tbe injury to tbe colon caused tbe effects they found in tbe body of tbe deceased; for tbe insured was never well after the accident.
Judgment affirmed.