Landress v. Phoenix Mut. Life Ins. Co., 291 U.S. 491 (1934)

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Landress v. Phoenix Mutual Life Insurance Co.


No. 295


Argued February 5, 1934
Decided March 5, 1934
291 U.S. 491

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

1. A death resulting from sunstroke, the insured having under normal conditions voluntarily exposed himself to the sun while playing golf, is not within the meaning of a policy insuring against death effected solely by external and accidental means. P. 495.

2. That an injury was accidental in the understanding of the average man -- that the result was something unforeseen or extraordinary -- is not enough to establish liability under a policy which limits liability to such injuries as are effected by external accidental means. Pp. 495, 497.

65 F.2d 232 affirmed.

Certiorari, 290 U.S. 614, to review a judgment affirming a judgment against the claimant on policies of insurance in two cases which were consolidated for trial in the district court.