Insurance: Accident Policy: Sunstroke: "Accidental Means"
Michigan law review
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... ntent at http://about.jstor.org/participate--jstor/individuals/early-journal--content. JSTOR is a digital library of academic journals, books, and primary source objects. JSTOR helps people discover, use, and build upon a wide range of content through a powerful research and teaching platform, and preserves this content for future generations. JSTOR is part of ITHAKA, a not--for--profit organization that also includes Ithaka S+R and Portico. For more information about JSTOR, please contact firstname.lastname@example.org. RECENT IMPORTANT DECISIONS RECENT IMPORTANT DECISIONS have been blown into the sea and immediately drowned, his death would clearly be within the terms of the policy. The fact that he fastened a life preserver upon himself and got into a boat did not take away the danger of losing his life but only lessened it. Just when the intervention of a voluntary act under the stress of circumstances, as appear in this case will break the chain of causation is a mixed question of law and fact. If it is such that it becomes the active, efficient, producing cause of which the death is a natural and probable consequence in view of the existing circumstances and conditions, the law will stop there and not go back farther in the line of causation. It is not easy, however, to reconcile all the cases on this subject. Recovery can be had on an accident policy where the injury caused rheumatism which resulted in death. Travelers' Ins. Co. v. Hunter, 30 Tex. Civ. App. 489. The sting of an insect is the proximate cause of death resulting from blood poisoning caused by the sting. Omberg v. U. S. Mut. Ace. Ass'n., IOI Ky. 303. Where one holding an accident policy falls from a window in delirium, the delirium is the proximate cause of the injury. Carr v. Pac. Mut. Life Ins. Co., Ioo Mo. App. 602. Under a policy insuring against accidental injuries the insurer is liable for the death of the insured resulting from an operation rendered necessary by an accidental rupture Collins v. Casualty Co. of Amnerica, 224 Mass. 327. Cases like the instant one are no doubt justifiable on the ground that the insurer prepares his own contract and therefore it should be construed most strongly against him.