Order of United Commercial Travelers of America v. Dobbs

RAINET, O. J.

This suit was brought to recover on a policy or certificate of accident insurance issued by appellant, to appellee. Appellee alleges that the contract of insurance provided for payment of loss for injury caused by accident. He also alleged that he was caused to fall, his head striking the ground or some hard substance which made an abrasion, causing cerebral hemorrhage, and from which paralysis resulted and he was disabled eight -weeks.

Appellant answered by general demurrer, general denial, and specially npnliability for such an accident, as the policy duly exempted it from such by the following provision:

“Benefits under this article shall not cover nor extend to any death, disability or loss ⅜ ⅜ * nor shall such benefits cover or extend to any of the following conditions whether caused by accidental means or not, to wit: * * * Cerebral or meningeal or spinal hemorrhage.

A trial resulted in a verdict and judgment against the insurance company, and an appeal was taken by it.

The evidence showed that the plaintiff was watering his flowers and garden plants as was his custom when at home, and while so engaged his feet became entangled in a water hose, and, in attempting to straighten out said hose, plaintiff tripped himself and was thrown to the ground; that as a result of the fall plaintiff’s head struck the ground or other hard substance with great violence, causing an external and visible mark of injury ; the blow on his head ruptured a blood vessel in his brain, causing a cerebral hemorrhage : the cerebral hemorrhage was caused by said accident alone and independently of all other causes; the cerebral hemorrhage caused the plaintiff to be partially paralyzed and otherwise incapacitated him so that he was totally disabled for a period of eight weeks and five days; that all the disabilities sustained and suffered by the plaintiff in said fall resulted from the cerebral hemorrhage, which said hemorrhage was caused or brought about by such accidental fall.

The policy provides for indemnity against the results of bodily injuries through external, violent, or accidental means. Under the exemptions, it provides as follows:

“The benefits shall not cover or extend to any of the following conditions, whether by accidental means or not,” setting out said exemptions, among other things, “cerebral hemorrhage.”

The accident to appellee caused “cerebral hemorrhage” from which paralysis was produced, and from which disability resulted to appellee; hence there is no liability for indemnity on appellant’s part, as it is exempt therefrom by the terms of the policy. There is no ambiguity in the language of the policy, which is intelligible and comprehensive, and appellant is evidently exempt from the result of cerebral hemorrhage caused by an accidental means.

The taxing of a penalty for attorney’s fees against the insurance company was error, as said company is not liable on its contract.

The evidence showing no liability, the judgment is reversed and here rendered for appellant.

Reversed and rendered.

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