(Download) "Levin v. John Hancock Mut. Life Ins. Co." by District of Columbia Court of Appeals. * Book PDF Kindle ePub Free
eBook details
- Title: Levin v. John Hancock Mut. Life Ins. Co.
- Author : District of Columbia Court of Appeals.
- Release Date : January 30, 1945
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
CAYTON, Associate Judge. Appellant is the widow of Nathan J. Levin and beneficiary of a policy of insurance written on his
life by appellee. Upon his death appellee paid the beneficiary $1000 representing the basic amount of the policy but refused
payment of an additional $1000 which was claimed by virtue of the allegedly accidental death of insured. The trial court directed
a verdict against appellant and this appeal has been taken to determine the correctness of that ruling. The applicable part of the policy is contained in a rider or endorsement, by which the company bound itself for an additional
premium to pay double indemnity -- or $2000 instead of $1000 'Upon receipt of due proof of the death of the insured prior
to the anniversary of the policy nearest his sixty-fifth birthday, as the result of bodily injury received after this contract
becomes effective, caused solely by external, violent and accidental means, of which there is a visible wound or contusion
on the exterior of the body * * * and that such death occurred within ninety days after such injury and as a direct result
thereof, independently and exclusive of all other causes * * *.' (Emphasis supplied.) The insured, Nathan Levin, was employed
as assistant manager and salesman in a shoe store. One night he and the manager were shifting merchandise cases on the first
floor of the store and replacing them with tables from the basement. Empty, the cases weighed 75 to 100 pounds and filled
with shoes, approximately 150 pounds. They were enclosed at the ends, awkward to handle and a person moving them had to assume
a straddling position. The stairway to the basement was extremely narrow, allowing only about an inch clearance on each side;
also the walls were so constructed that it was necessary to upend the tables in making a turn and required a great deal of
'wiggling and waggling' of the tables. After about three hours of such work the insured sat down and complained that he was
tired, that he had a pain in his side, and said he thought he had strained himself. He rested for some fifteen minutes and
then continued to work for about another hour. On the way home he again complained of the pain in his side and again said
he had strained himself. The testimony of the manager of the store as well as a written statement of insured himself (furnished
in connection with his Workmen's Compensation Insurance) disclosed that insured did not on the occasion involved slip or fall
or have any mishap.
 "Levin v. John Hancock Mut. Life Ins. Co." by District of Columbia Court of Appeals. * Book PDF Kindle ePub Free){kind=link}