Skillman v. Phoenix Mut. Life Ins. Co., 256
Decision Date | 31 October 1962 |
Docket Number | No. 256,256 |
Citation | 258 N.C. 1,127 S.E.2d 789 |
Court | North Carolina Supreme Court |
Parties | Louise Yurt SKILLMAN v. PHOENIX MUTUAL LIFE INSURANCE COMPANY, a Corporation. Louise Yurt SKILLMAN v. ACACIA MUTUAL LIFE INSURANCE COMPANY, a Corporation. |
Carswell & Justice, Charlotte, for plaintiff.
Cansler & Lockhart, Charlotte, for defendants.
The plaintiff is entitled to recover under the terms of the policies involved if the insured came to his death, directly and independently of all other causes, from bodily injury sustained solely through external, violent, and accidental means.
On the other hand, the plaintiff is not entitled to recover if at the time of the accident there was an existing disease or illness which cooperated with or contributed to the accident which resulted in his death. Such an accident cannot be considered as the sole cause or as the cause independent of all other causes.
The appellant assigns as error the following portions of the court's charge to the jury:
'The court further instructs you, members of the jury, that if you should find that on this occasion in question the deceased was operating his automobile along highway 27 and that as a result of hypertension or heart attack or an arterial occlusion that he lost control of his car and it went out into the water and sank down and he was drowned, that the plaintiff could not recover and it would be your duty to answer this issue 'No." (EXCEPTION NO. 20)
The appellant further assigns as error that portion of the following excerpt of the charge within parentheses:
This Court has consistently held that there is a distinct difference in the meaning of the terms 'accidental death' and 'death by external accidental means.' In Fletcher v. Trust Co., 220 N.C. 148, 16 S.E.2d 687, Barnhill, J., later C. J., said: "Accidental' means that which happens by chance or fortuitously without intent or design and which is unexpected, unusual and unforeseen. 29 Am.Jur., 706, 707, Sec. 931. ' Accidental means' refers to the occurrence or happening which produces the result and not to the result. That is, 'accidental' is descriptive of the term 'See also Slaughter v. State Capital Life Ins. Co., 250 N.C. 265, 108 S.E.2d 438, and cf. Vause v. Vause Farm Equipment Co., 233 N.C. 88, 63 S.E.2d 173.
In our opinion, when the evidence disclosed on this record is considered, the challenged instructions are without prejudicial error and these exceptive assignments are overruled
The appellant also assigns as error additional portions of the charge but these additional assignments would seem to involve no question of law not presented in those portions of the charge set out hereinabove.
In Russell v. Glens Falls Indemnity Co., 134 Neb. 631, 279 N.W. 287, in considering a policy of insurance similar to that before us, the Court sai...
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