Harris v. Jefferson Standard Life Ins. Co

• Decision Date: 15 March 1933
• Docket Number: No. 329.,329.
• Citation: 168 S.E. 208,204 N.C. 385
• Parties: HARRIS . v. JEFFERSON STANDARD LIFE INS. CO.
• Court: North Carolina Supreme Court

168 S.E. 208

204 N.C. 385

HARRIS .

v.JEFFERSON STANDARD LIFE INS. CO.

No. 329.

Supreme Court of North Carolina.

March 15, 1933

.

Appeal from Superior Court, Person County; Daniels, Judge.

Action by G. E. Harris, administrator of Robert Hester Harris, deceased, against the Jefferson Standard Life Insurance Company. From a judgment in favor of plaintiff, defendant appeals.

No error.

Plaintiff's intestate, Robert Hester Harris, died on March 18, 1931. At the date of his death, two policies of insurance both issued by the defendant, one on the 24th day of February, and the other on the 1st day of April, 1924, each in the sum of $5,000, wore in full force and effect. By virtue of the provisions of these policies, the defendant has paid to the plaintiff as the beneficiary named in each of said policies the sum of $10,000. This sum is the face amount of said two policies of insurance.

Each of the policies contains a clause in words as follows:

"Double Indemnity. The Company will pay the beneficiary in full settlement of all claims hereunder double the face amount of this policy if, during the premium paying period, and before default in the payment of any premium, and before waiver of any premium on account of disability and before any non-forfeiture other than automatic premium loan is in effect, the death of the insured results from bodily injury within ninety days after the occurrence of such injury provided death results directly and independently of all other causes, from bodily injury effected solely through external, violent and accidental means, while the insured is sane and sober. Except, these provisions do not apply If the insured shall engage in military or naval service, or any allied branch thereof, in time of war, or in case death results from bodily injury inflicted by the insured himself, or intentionally by another person; or from engaging in aeronautic or submarine operations, either as a passenger or otherwise; or from any violation of law by the insured; or from a state of war or insurrection; or self-destruction, whether during the first policy year or afterwards; or directly or indirectly from bodily or mental infirmity, poisoning or infection other than that occurring simultaneously with and in consequence of bodily injury."

This action is to recover of the defendant under the provisions of the double indemnity clauses in both the policies of insurance issued by the defendant on the life of Robert Hester Harris, deceased, the sum of $10,000.

The insured, Robert Hester Harris, died at the home of his father in Person county on March IS, 1931. The physician who attended him during his fatal illness first saw him on March 11, 1931. This physician testified that in his opinion the insured died of pneumonia, which was the result of a traumatic condition. Other physicians who testified as expert witnesses for the plaintiff were of the opinion that the insured died of traumatic pneumonia. All the evidence at the trial was to the effect that the insured died of pneumonia, which followed a bodily injury suffered by him while he was playing in a game of basketball on the night of March 10, 1931.

At the date of his death, the insured, Robert Hester Harris, was about nineteen years of age. He was a student at the Roxboro High School, and was a member of the basketball team of said school. On the night of March 10, 1931, while playing with his team in a game of basketball, he was injured by a player on the opposing team. This player had the ball, and was running with it toward the goal. In accordance with the rules of the game, the insured undertook to prevent this player from throwing the ball into the basket, which was his goal. In the collision between them, the insured was struck by his opponent in his side or on his chest.

The injury was not inflicted intentionally, but was the result of the collision between the insured and his opponent. The insured fell to the floor, and complained immediately of pain in his side or chest. In response to inquiries made by his friends, who urged him to return to the game, the insured said that one of his ribs was broken, and that he could not continue in the game. He retired to the side lines, and was in great pain until the conclusion of the...