Jones v. Liberty Nat. Life Ins. Co.
| Decision Date | 21 April 1978 |
| Citation | 357 So.2d 976 |
| Parties | John C. JONES v. LIBERTY NATIONAL LIFE INSURANCE COMPANY. 77-135. |
| Court | Alabama Supreme Court |
Wayne Johnson of Faulk & Johnson, Phenix City, for appellant.
Sydney S. Smith of Smith & Smith, Phenix City, for appellee.
This appeal is by John C. Jones from judgment entered on a directed verdict in favor of Liberty National Life Insurance Company in Jones' action seeking additional indemnity under a Life insurance policy on account of the death of his wife allegedly resulting, directly and independently of all other causes, from bodily injury effected solely through external, violent and accidental means as evidenced by a visible wound or contusion on the exterior of the body.
The issue is whether death from cerebral anoxia and edema secondary to total airway obstruction due to aspirated vomitus as opposed to this condition resulting from food in the process of being eaten was the cause of death through external rather than internal means.
The policy under which Mrs. Jones was insured for additional indemnity provided for the payment of that additional indemnity for death resulting from accidental means in the event:
" * * * death * * * resulted, directly and independently from all other causes, from bodily injury effected solely through external, violent and accidental means as evidenced by a visible wound or contusion on the exterior of the body * * * "
A fair summary of the evidence pertinent to this appeal establishes that decedent was found alone and dead in a motel room in a supine position with the chain lock on the inside of the door engaged. An autopsy revealed that death resulted from total obstruction of the airway (trachea) from aspirated vomitus or food matter. The matter regurgitated was gastric contents. There was no evidence that death resulted from choking on or aspiration of food as it was being eaten or ingested.
The crucial question of law under the evidence is whether death occurring in the manner shown by the evidence resulted from external means. If not, then whether it was accidental, violent, and evidenced by a visible wound or contusion on the exterior of body is immaterial. O'Bar v. Southern Life & Health Ins. Co., 232 Ala. 459, 168 So. 580 (1936). The precise question of law posed by the facts in this case has not been considered by the appellate courts of Alabama so far as we can determine.
Where, as here, the language of the restrictive coverage is clear and unambiguous the rule of construction that favors the insured has no application and the policy will be enforced according to its terms as written. Green v. Merrill, 293 Ala. 628, 308 So.2d 702 (1975).
Undisputed medical evidence established the following:
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