Preferred Acc. Ins. Co. of New York v. Robinson

• Decision Date: 24 February 1903
• Citation: 45 Fla. 525,33 So. 1005
• Parties: PREFERRED ACCIDENT INS. CO. OF NEW YORK v. ROBINSON.
• Court: Florida Supreme Court

33 So. 1005

45 Fla. 525

PREFERRED ACCIDENT INS. CO. OF NEW YORK v. ROBINSON.

Florida Supreme Court, Division A.

February 24, 1903

Error to Circuit Court, Duval County; Rhydon M. Call, Judge.

Action by Henry Robinson against the Preferred Accident Insurance Company of New York. Judgment for plaintiff. Defendant brings error. Reversed.

Syllabus by the Court

SYLLABUS

1. Under a policy of insurance against the effects of bodily injury caused solely by external, violent, and accidental means, wherein it is provided that the insurance does not cover injury, fatal or nonfatal, resulting from any poison or infection, or from anything accidentally or otherwise taken administered, absorbed, or inhaled, no recovery can be had for injury resulting from inflammation of the eyes in consequence of accidentally coming in contact with poison ivy, whereby the irritating poison was absorbed into the eye.

COUNSEL

Cooper & Cooper, for plaintiff in error.

Wm. B Young, for defendant in error. The defendant in error, Henry Robinson, sued the plaintiff in error, the Preferred Accident Insurance Company of New York, in the circuit court of Duval county. The declaration alleged as follows: 'Henry Robinson, by Wm. B. Young, his attorney sues the Preferred Accident Insurance Company of New York, a corporation created and existing under and by virtue of the laws of the state of New York, and having an agent residing in the city of Jacksonville, in said county, for that whereas, on the 9th day of April, 1897, the said defendant undertook and agreed, in writing, in consideration of the annual premium of twenty-four dollars then and there paid by the said plaintiff and accepted by said defendant, to insure the said plaintiff for the term of twelve calendar months beginning at 12 o'clock noon on said date, and ending at 12 o'clock noon on the 9th day of April, 1898, against the effects of bodily injury caused solely by external, violent, and accidental means, to wit, in the sum of twenty-five dollars per week, not exceeding one hundred and four consecutive weeks, where the injury received as aforesaid shall, independent of all other causes, and immediately following the receipt thereof wholly and continuously disable him from transacting any and every kind of business pertaining to his occupation as president of a bank; and plaintiff avers that on, to wit, the 26th day of June, 1897, while out riding in said county, a foreign substance, to wit, poison ivy, was blown into plaintiff's left eye, which caused inflammation to immediately set in, extending to both eyes and to the face, by reason of which injury so sustained plaintiff was wholly and continuously disabled from transacting any and every kind of business pertaining to his said occupation for a long period, to wit, for ten consecutive weeks immediately following the said 26th day of June, 1897, and plaintiff upon the first day after receiving said injury upon which he was physically able to do so, to wit, the 27th day of August, 1897, gave notice in writing to the secretary of said company at New York City of said accidental injury, but the said defendant has wholly failed and refused to pay to plaintiff the said sum of twenty-five dollars per week for the said ten weeks during which said plaintiff was wholly and continuously disabled from transacting any and every kind of business pertaining to his said occupation, and has repudiated all liability upon its said contract of insurance, claiming that the insurance under said contract did not cover injury resulting from the said accident sustained by plaintiff, and plaintiff claims five hundred dollars as damages.'

Attached to the declaration as the cause of action sued on was a copy of the contract of insurance, in the words and figures following:

'No. 0013909.

'Maximum Weekly Indemnity $50 per week.

'Maximum Death Benefit $10,000.

'The Preferred Accident Insurance Company of New York

In consideration of the agreement, statements and warranties contained in the application for this policy and of the annual premium of twenty-four dollars, has accepted Henry Robinson of Jacksonville, state of Florida, a president 'bank' by occupation, and, subject to all of the provisions and conditions herein contained, or endorsed hereon, hereby insures him under preferred classification, for the term of 12 calendar months, beginning at twelve o'clock noon on the date hereof, and ending twelve o'clock noon on the 9th day of April, 1898, against the effects of bodily injury, caused solely by external, violent and accidental means, to wit: (a) In the sum of $25 per week, not exceeding one hundred and four (104) consecutive weeks, where the injury, received as aforesaid, shall, independently of all other causes, and immediately following the receipt thereof, wholly and continuously disable him from transacting any and every kind of business pertaining to the occupation above stated. (b) Or, where the injury, received as aforesaid, shall independently of all other causes and immediately following the receipt thereof, continuously disable and prevent the insured from performing some one or more of the duties pertaining to the said occupation, the said company will pay the insured a weekly indemnity of not less than $5 or more than $20 during the continuance of such partial disablement not exceeding twenty-six (26) consecutive weeks--the amount of such indemnity to be determined by said company as between the said maximum and minimum amounts, based upon the nature and severity of the injury and the consequent effect upon the occupation of the insured. (c) Or, the said company will pay the insured as a specific indemnity, in lieu of the above-mentioned weekly indemnities, if the injury, received as aforesaid, shall within ninety (90) days from the happening thereof, result (1) in the entire and permanent destruction of the sight of one eye, the sum of $650; or (2) in the entire loss of one hand or one foot by complete severance thereof at or above the wrist or ankle, the sum of $2,500; or, (3) in the entire and permanent destruction of the sight of both eyes, or in the entire loss of both hands or both feet, or one hand and one foot, by complete severance thereof, at or above the wrist or ankle, the sum of $5,000; either of which payments shall terminate this policy. (d) Or, if death shall result from such injury within ninety (90) days from the date thereof, the said company will pay the sum of $5,000 to Margaret A. Robinson (wife), if surviving, or, in the event of her prior death, to the executors, administrators or assigns of the insured. (e) Or, (1) if such injuries shall be received by the insured while riding as a passenger in or on a public conveyance provided by a common carrier for passenger service, and propelled by steam, electricity, or cable; or, (2) if such injuries shall be received by the insured in consequence of the burning of a licensed hotel, while he shall be a guest therein, then the amount to be paid to the insured or his beneficiary, as the case may be, shall be double the...