M'Kechnie's Trustees v Scottish Accident Insurance Company
| Jurisdiction | Scotland |
| Judgment Date | 24 October 1889 |
| Docket Number | No. 2. |
| Date | 24 October 1889 |
| Court | Court of Session |
Lord Fraser. I, Lord Justice-Clerk, Lord Young, Lord Rutherfurd Clark, Lord Lee.
Insurance against death from accident—Exception in case of death or injury from disease although accelerated by accident.—
A person insured his life against bodily injury directly causing death within three months of the injury. The policy contained this clause,—‘Provided always that the policy shall not extend to nor cover the death or injury of the insured … arising from natural disease, or weakness or exhaustion consequent upon disease, or any surgical operation rendered necessary thereby, or arising from such disease, exhaustion, or surgical operation, although accelerated by accident.’ The insured was thrown out of a whitechapel cart, and sustained bodily injury, and died within three months of the accident. In an action by his representatives to recover the contents of the policy, the insurance company founded on the above exception clause, averring that the death of the insured was due not to the accident but to disease of the kidneys, whether accelerated by the accident or not. After a proof, the Lord Ordinary (Fraser) assoilzied the defenders, holding (1), in point of fact, that the deceased died from disease of the kidneys accelerated by the accident; and (2), in point of law, that on a sound construction of the clause as to acceleration, the defenders were entitled to be assoilzied. On a reclaiming note, the Court adhered to the judgment, but upon the ground that the death of the deceased was not proved to have been caused by the accident.
Question reserved as to the construction of the clause of acceleration.
By policy of insurance, dated 24th January 1887, John M'Kechnie, contractor, Glasgow, insured with the Scottish Accident Insurance Company, Limited, against bodily injury caused by violent or accidental means.
By the policy it was provided, inter alia:—‘(1) That in case any injury shall within three calendar months from the occurrence thereof directly cause the death of the insured, the company shall pay to his legal representatives the full sum of £1000; (2) that in case any such injury shall immediately and totally disable and prevent the insured from attending to any portion of his business or occupation, the company shall pay to the insured compensation at the rate of £5 per week during such total disablement; and (3) that in case any such injury shall only partially disable the insured, the company shall pay to the insured compensation at the rate of £1, 5s. per week.’
The policy further contained this clause:—‘Provided always that this policy shall not extend to nor cover the death or injury of the insured … arising from natural disease, or weakness, or exhaustion consequent upon disease, or any surgical operation rendered necessary thereby, or arising from such disease, weakness, exhaustion, or surgical operation, although accelerated by accident.’
On 29th October 1887, M'Kechnie was thrown out of a whitechapel cart in West Graham Street, Glasgow, and sustained serious bodily injury. He died on 12th January 1888, and the company were called upon by James Anderson and others, his trustees, to pay the contents of the policy, but they declined to do so.
In consequence the present action was raised by the trustees against the company for payment.
The pursuers pleaded;—(1) The said John M'Kechnie having effected an insurance upon his own life against accidents with the defenders, and having sustained injuries which caused his death, the pursuers, as his trustees and executors foresaid, are entitled to payment of the sum sued for.
The defenders, inter alia, stated that for more than two years prior to the death of the insured, or at all events at the time of his applying to them for the insurance, he was suffering from a complication of serious diseases, amongst which were albuminuria and hæmaturia, and that he had died from the effect of these complications, and not from the accident.
They pleaded, inter alia;—(4) The death of the insured having arisen from natural disease, or weakness, or exhaustion consequent upon disease (whether accelerated by accident or not), and liability on the part of the defenders for death so arising being excluded by the terms of the policy, the defenders are entitled...
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