Samuel Fitton, Administrator of John Fitton, Deceased, v The Accidental Death Insurance Company
| Jurisdiction | England & Wales |
| Judgment Date | 18 June 1864 |
| Date | 18 June 1864 |
| Court | Court of Common Pleas |
English Reports Citation: 144 E.R. 50
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 34 L. J. C. P. 28. Distinguished, Smith v. Accident Insurance Company, 1870, L. R. 5 Ex. 302.
50 FITTON 75. THE ACCIDENTAL DEATH INSURANCE CO. 17 C. B. (N. S.) 123. samukl fitton, Administrator of John Fitton, Deceased, -. the accidental death insurance company. June 18th, 18(i4. [S. C. 34 L. J. C. P. 28. Distinguished, Smith v. Accident Insurance. Company, 1870, L. R. 5 Ex. 302.] By one of the conditions of a policy of insurance against accidental death or injury, it was provided that the policy insured against cuts, stabs, concussions, &c., &c., " when accidentally occurring from material and external cause, where such accidental injury is the direct and sole cause of death to the insured, or disability to follow his avocations ;" and then followed this exception,-" but it does not insure against death or disability arising from rheumatism, gout, hernia, erysipelas, or any other disease or cause arising within the system of the insured before, or at the time, or fallowing such accidental injury, whether causing death or disability directly or jointly with such accidental injury ;"-Held, that death from /tmiia caused solely and directly by external violence, followed by a surgical operation performed for the purpose of relieving the patient, is not within the above exception. This was au action on a policy of insurance against accidents. The declaration stated that, in the life-time of the said John Fitton, a certain policy of insurance and agreement was made and entered into between tho defendants and the said John Fitton upon and for the considerations in the said policy and agreement in that behalf mentioned, and which said policy of insurance and agreement was and is in the words, letters, and figures following, that is to say,- [123] "Insurance against Death or Disablement from Accident. Accidental Death Insurance Company. " Class General. First Payment. Premium to insure against death or entire disablement.... Extra premium to insure horse and machinery risk Extra premium to insure against \ partial disablement . . . / s. d. ; 2 0 0 1 0 0 ... 1 ... i i 3 0 ol " No. 44,020. Renewal premium due of November every year, 3 ok. Oil. " Incorporated pursuant to 7 & 8 Viet. c. 110, and impowered by special act of parliament, 22 Viet. c. 23. "Chief Office, 7 Bank Buildings, Lothbury, London. " Whereas, John Fitton, of Buxton Road, Macclesfield, in the county of Chester, commercial traveller (hereinafter called the said insured), is desirous and hath proposed to insure iu manner hereinafter described with the Accidental Death Insurance Company against accidents, and hath signed a declaration bearing date the 29th day of November, 1862, setting forth, amongst other things, his profession or occupation, which declaration it is agreed shall be the basis of the contract for the insurance hereby intended to be made; and the said insured hath paid to the directors of the said company the sum of 31. as the premium and consideration for the said insurance for the period of one year from the date hereof: . "Now, this policy witnesseth that, in case the said insured shall be injured by accidental vjolence, and shall within three calendar months of its occurrence die from the direct effect of any such accident, the company shall be liable to pay to his executors ok' administrators the sum of 10001. sterling three calendar months after proof has been given of such accidental death, to the satisfaction of the directors; or, in case [124] such accidental violence shall wholly disable the insured from attending to business, shall be liable to pay him a sum at the rate of 61. per week during the continuance of such disability, for a period not exceeding in all six calendar mouths; or, in case auch accidental violence shall not wholly disable the said insured, but shall partially disable him, or render him in part unable to attend to business, shall be 17 C. B. (N. S.) 125. FITTON V. THE ACCIDENTAL DEATH INSURANCE CO. 51 liable to pay to him a sum not exceeding in the whole one quarter of the sum payable in respect of the whole or entire disablement: Provided always that, in the event of any sum or sums of money being paid by the company in respect of disablement from accidental injury within the intent and meaning of this policy, by way of compensation as aforesaid or otherwise, the said policy shall after such disablement shall have ceased, of the insured shall have accepted a sum by way of compromise or compensation for the same as aforesaid, bo valid for and in respect of death or disablement arising from future and other accidental injury only for the residue or balance of the whole sum hereby assured in that behalf remaining unpaid ; and that the company shall not be liable to pay for disablement, being the result of two or more separate accidents, more than half the sum insured, in case of death, nor for disablement and death conjointly, by one sum or by several instalments, more than the amount insured in case of death, or, in case of any previous payment as aforesaid, more than so much of such amount as may remain unpaid : Provided always that this policy shall be in force for the period of one year from the date hereof, and thenceforth from year to year as long as the annual premiums shall be duly paid to the company as they shall become due and the directors shall agree to receive them: Provided always that this policy shall...
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