Barnett v. Travelers Ins. Co.
Decision Date | 09 April 1929 |
Docket Number | No. 8308.,8308. |
Parties | BARNETT v. TRAVELERS' INS. CO. OF HARTFORD, CONN. |
Court | U.S. Court of Appeals — Eighth Circuit |
William R. Gentry, of St. Louis, Mo. (M. F. Watts, of St. Louis, Mo., on the brief), for appellant.
Frank H. Sullivan, of St. Louis, Mo. (James C. Jones, Lon O. Hocker, Eugene H. Angert, and James C. Jones, Jr., all of St. Louis, Mo., on the brief), for appellee.
Before VAN VALKENBURGH and COTTERAL, Circuit Judges, and SCOTT, District Judge.
April 1, 1906, the Travelers' Insurance Company, appellee, issued to one Harry K. Barnett a policy of accident insurance whereby it insured him "against bodily injuries, effected directly and independently of all other causes, through external, violent and accidental means (suicide whether sane or insane is not covered), as specified in the following schedule:
The principal sum of the policy in the first year was $5,000, and with 5 per cent. increase annually for ten years it amounted to $7,500.00. It was in full force and effect by renewal on the 26th day of August, 1925. On that day the insured suffered an accident which ultimately resulted in his death. In an operation upon the nose of decedent the operator cut into an artery which was found in an unexpected place, due, perhaps, to a previous operation upon the septum. This accident resulted in recurring hemorrhages, from one of which death ensued on the 28th day of November, 1925. Other clauses in the policy material to this discussion are the following:
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