Hruzek v. Old Line Life Ins. Co. of Am.

• Decision Date: 03 March 1936
• Citation: 221 Wis. 279,265 N.W. 566
• Parties: HRUZEK v. OLD LINE LIFE INS. CO. OF AMERICA.
• Court: Wisconsin Supreme Court

221 Wis. 279

265 N.W. 566

HRUZEK

v.OLD LINE LIFE INS. CO. OF AMERICA.^a1

Supreme Court of Wisconsin.

March 3, 1936.

Appeal from a judgment of the Circuit Court for Milwaukee County; John C. Kleczka, Judge.

Affirmed.

Action to recover on an accident clause in a life insurance policy by Frances Kruzek against the Old Line Life Insurance Company. From a judgment for the plaintiff entered August 6, 1935, the defendant appeals. The facts are stated in the opinion.

Olwell & Brady and George A. Gessner, all of Milwaukee for appellant.

L. S. McParland, of Cudahy, and W. J. Riley, of South Milwaukee (Miles C. Riley, of Madison, of counsel), for respondent.

FOWLER, Justice.

The action is brought by the beneficiary of a life insurance policy to recover for the death of the insured upon a clause of the policy providing for a double indemnity in case the death of the insured “resulted, directly and independently of all other causes from injury effected solely, externally, violently and accidentally * * * within sixty days after sustaining such injury.” The facts were stipulated. The insured died as the result of “heat prostration, or what is commonly called sun-stroke.” There were no visible marks of injury or violence upon his person. Upon the stipulated facts, the court entered judgment for the double indemnity upon the clause of the policy above stated.

The clause involved is identical with that involved in O'Connell v. New York Life Ins. Co. (Wis.) 264 N.W. 253. It being stipulated that the death of the insured was caused by heat prostration, the case is ruled by the O'Connell Case. There is no need or occasion to add to what is said in the opinion in that case.

The judgment of the circuit court is affirmed.

a1. Rehearing denied April 28, 1936, with $25 costs.