New York Life Ins. Co. v. Gustafson, 4632.

• Court: U.S. Court of Appeals — Third Circuit
• Writing for the Court: BUFFINGTON, WOOLLEY, and DAVIS, Circuit
• Citation: New York Life Ins. Co. v. Gustafson, 55 F.2d 236, 82 A.L.R. 729 (3rd Cir. 1932)
• Decision Date: 19 February 1932
• Docket Number: No. 4632.,4632.
• Parties: NEW YORK LIFE INS. CO. v. GUSTAFSON.

55 F.2d 236 (1931)

NEW YORK LIFE INS. CO. v. GUSTAFSON.

No. 4632.

Circuit Court of Appeals, Third Circuit.

December 29, 1931.

Rehearing Denied February 19, 1932.

Don M. Larrabee, of Williamsport, Pa., and Guy B. Mayo, of Smethport, Pa., for appellant.

F. J. Woods and Mullin & Woods, all of Kane, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

On April 3, 1922, the New York Life Insurance Company by its policy insured the life of Evan E. Gustafson for $2,000, and for double indemnity on "due proof that the death of the insured resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental cause." On the death of the insured the company tendered the life benefit to his mother, the beneficiary, and contested the double indemnity benefit. Thereupon suit was brought by the mother. Trial by jury was waived, the facts were stated and agreed, and the following question submitted for the determination of the court: "Did the death of the said Evan E. Gustafson result, directly and independently of all other causes, from bodily injury effected solely through external, violent and accidental cause, within sixty days after sustaining his injury, within the meaning of said policy?" After hearing, the trial judge held with the plaintiff; whereupon the insurance company took this appeal.

After argument and due consideration had, we find no error in the judge's action.

When the policy was taken, the insured was a student. Later he became a professional boxer, taking part in boxing matches given to paying audiences. His death was caused, as stipulated: "On or about January 13, 1930, the said Evan E. Gustafson, while lawfully engaged in a boxing match of scheduled duration of four rounds * * * with an opponent of ordinary skill, health and vigor, received from his said opponent a violent blow on the chin causing his neck to break, which shortly and within a few hours thereafter caused the death of the said Evan E. Gustafson." The stipulated case further is that Gustafson "was in perfect health, enjoyed exceptional strength and bodily vigor, and was in a trained and fit physical condition to engage successfully as a boxer in a boxing match." That his death resulted, in the words of the policy, "from bodily injury," and that, in the further words of the policy, such injury was effected "solely through external, violent * * * cause," is equally clear. Therefore the crucial question is: Was "such bodily injury * * * effected...