Woods v. Provident L. & A. Ins. Co. of Chattanooga

• Decision Date: 06 October 1931
• Parties: Woods v. Provident Life & Accident Insurance Company of Chattanooga.
• Court: United States State Supreme Court — District of Kentucky

240 Ky. 398

Woods v. Provident Life & Accident Insurance Company of Chattanooga.

Court of Appeals of Kentucky.

Decided October 6, 1931.

1. Insurance. — Injury to insured drinking mixture which, unknown to him, contained substance causing paralysis, held caused from "external," "violent," and "accidental means" within accident policy.

An "accident" is defined as an event that takes place without one's foresight or expectation; an undesigned, sudden, and unexpected event; chance; contingency; often an undesigned and unforeseen occurrence of an afflictive or unfortunate character. Accident policy provided for indemnity to insured for such time as he might be wholly and continuously disabled resulting directly and exclusively of all other causes in bodily injury sustained through external, violent, and accidental means.

2. Insurance. — Insured's drinking fluid which he did not know contained substance causing injury held not to defeat liability under accident policy.

Accident policy contained provision relieving insurer from liability if injuries resulted from insured's intentional act.

3. Insurance. — That accident policy did not cover injury sustained while under influence of intoxicants or narcotics did not defeat liability where insured drank mixture which, unknown to him, contained foreign substance causing paralysis.

4. Insurance. — Under accident policy providing for monthly indemnity, insured could not recover accident indemnity in lump sum for entire period of life expectancy as shown by mortality tables.

Appeal from Whitley Circuit Court.

T.B. CULTON for appellant.

TYE, SILER, GILLIS & SILER for appellee.

OPINION OF THE COURT BY CREAL, COMMISSIONER.

Reversing.

Reuben Woods instituted this action in the Whitley circuit court against the Provident Life & Accident Insurance Company of Chattanooga, basing his action on an accident insurance policy, which was issued to him by that company. Among other provisions, subject to certain conditions and limitations, and which need not be recited, the policy provided for payment of monthly accident indemnity in the sum of $100 to the insured for such time as he might be wholly and continuously disabled from performing any and every duty pertaining to his occupation, and "resulting directly and exclusively of all other causes from bodily injuries sustained during the life of the policy solely through external, violent and accidental means. . . ."

Part XIII, section 3, of this policy, provides:

This policy does not cover injuries, fatal or non-fatal, sustained by the insured: . . . (3) while under the influence of or affected by intoxicants or narcotics; (4) if said fatal or non-fatal injuries result from the intentional act of the insured. . . ."

In his petition, as amended, the insured set out so much of the policy as related to indemnity for death or disability, and continued with the following allegations:

"Plaintiff states that on or about the 29th day of March, 1930, while said policy was in full force and effect this plaintiff, insured, did sustain personal bodily injury which was effected directly and independently of all other causes through external, violent and accidental means, and which resulted in wholly and continuously disabling and actually preventing the insured from performing any and every duty pertaining to his occupation of switchman, for the Louisville and Nashville Railroad Company, on the 29th day of March, 1930; and he has been wholly and continuously disabled and actually prevented from performing any and every duty pertaining to his occupation of switchman for the Louisville & Nashville Railroad Co. since about the 29th day of March, 1930, up to and including the present time and will be wholly and continuously disabled and actually prevented from performing any and every duty pertaining to his occupation as switchman of the Louisville & Nashville Railroad Company, as long as the plaintiff lives and he now being 44 years of age has expectation of life, according to Dr. Wigglesworth's Table (which is Table II found in Ky. Statutes) 24.25 years.

"Plaintiff says he received said injuries as follows: By taking on or about the 27th day of March, 1930, for medicinal purposes a poisonous concoction; that he had no information or knowledge that poison was in said concoction which poison through the processes of nature did on March 29, 1930, paralyze his legs, feet, arms, hands and other parts of his body, producing what is commonly known as `Jake Paralysis' or multiple neuritis, and which wholly and continuously disabled and actually prevented him from performing every and any duty pertaining to his occupation of switchman for the Louisville and Nashville Railroad Company or any other occupation since the 29th day of March, 1930, up to and including the present time; which poisonous concoction taken was marked and labeled U.S.P. Fluid Extract of Jamaica Ginger, purported to be manufactured in accordance with the scientific formula of the United States Pharmacopoeia and acts of Congress and thought by him to be the harmless proprietary medicine, Fluid Extract of Jamaica Ginger, commonly used for colds, cramps, and other ailments as a medicine, and was so labeled on the bottle, and thought by him at the time of taking to be a harmless medicine and when taken for the cold he then had in the quantity taken, would effect a cure of his cold; but said poisonous concoction was not manufactured according to the scientific formula of the United States Pharmacopoeia or any other scientific formula and in violation of law, was a poison, which when used in the quantity taken by him produced `Jake Paralysis' or multiple neuritis."

He prayed for judgment for the sum of $900. In a second paragraph, he, in substance, alleged that his disability is total and permanent, and is and will continue to result in total loss of time, and disable and prevent him from performing any and every duty pertaining to his occupation so long as he lives; that his life expectancy, as shown by mortality tables, is 24.25 years. He asks for recovery of the monthly accident indemnity for that period amounting to the sum of $29,220.

The court sustained a demurrer to the petition as amended, and, from a judgment dismissing his petition upon failure to further plead, insured has prosecuted this appeal.

The question to be determined is whether appellant's condition is attributable to accidental means, resulting directly and exclusively of all other causes from bodily injuries sustained solely through external, violent, and accidental means within the meaning of the policy, and, if so, whether at the time of the accident insured was under the influence of or affected by intoxicants or narcotics, or whether such injuries resulted from the intentional act of the insured.

An accident...