accidental means

Characterizing the nature of the cause of a happening by chance and without intention or design, which is unforeseen, unexpected and unusual at the time it occurs. 29A Am J Rev ed Ins § 1165; A11110: 17 ALR 1199. Where the death is the result of some act, but was not designed, and not anticipated by the deceased, though it be in consequence of some act voluntarily done by him, it is accidental death; but where death is caused by some act of the deceased, not designed by him, or not intentionally done by him, it is death by accidental means. See Ogilvie v Aetna Life Ins Co., 189 Cal 406, 411, 209 P 26, 26 ALR 116, 119. An injury received by making an intentional assault on another person by striking him in the face with the fist has been held not to have been by accidental means, within the meaning of an accident policy insuring against injuries received through accidental means. See Fidelity & Casualty Co. v Carroll, (CA4 SC) 143 F 271. For a death to occur by accidental means within the meaning of a life insurance policy, the immediate and proximate cause of the death must be accidental; a death is not by accidental means of it results as the natural and probable consequence of the voluntary act of the insured. Prudential Ins. Co. v Gutowski (Sup) 49 Del 233, 113 A2d 579, 52 ALR2d 1073. Although the courts in the past have drawn a distinction between "accident" and "accidental means," in recent years the terms have come to be regarded as legally synonymous. 29A Am J Rev ed § 1166. To attempt such a fine distinction is to plunge this branch of the law of insurance into a "Serbogian Bog." Dissenting opinion of Mr. Justice Cardoza. in Landress v Phoenix Mot. Life Ins. Co. 291 US 491, 78 L Ed 934, 54 S Ct 461, 90 ALR 1382, which appears to have been of great weight on the side of eliminating the distinction.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • accidental means — Injury resulting from unintended, unforseeable, and unexpected cause …   Black's law dictionary

  • accidental means — noun : an act or event preceding harm or damage to an insured that is sudden, unexpected, and not intended or designed by any person …   Useful english dictionary

  • external, violent, and accidental means — A clause limiting the risk of loss in an accident insurance policy, meaning that in order to support a recovery, it must be shown, not only that the means were external and violent, but also that they were accidental; in other words, all three… …   Ballentine's law dictionary

  • external, violent, or accidental means — A disjunctive statement of coverage in an accident insurance policy, so that if an injury is external and violent, it need not be accidental in order to be covered. 29A Am J Rev ed Ins § 1165. See accidental means; violent means …   Ballentine's law dictionary

  • external, violent and accidental means — Death through external, violent and accidental means necessarily implies that death did not result indirectly from disease or bodily infirmity. Mutual Life Ins. Co. of New York v. Hassing, C.C.A.10, 134 F.2d 714, 716 …   Black's law dictionary

  • death by accidental means — See accidental means …   Ballentine's law dictionary

  • accidental — I adjective adventitious, casual, chance, coincidental, extrinsic, fortuitous, inadvertent, incidental, indeterminate, undesigned, undetermined, unexpected, unforeseen, unintended, unintentional, unpremeditated, unwitting associated concepts:… …   Law dictionary

  • accidental death — n death by accidental means usu. sudden and violent also death occurring as the unforeseen and chance result of an intended act …   Medical dictionary

  • accidental — Happening by chance, or unexpectedly; taking place not according to usual course of things; casual; fortuitous. Norris v. New York Life Ins. Co., C.C.A.Md., 49 F.2d 62, 63; Murphy v. Travelers Ins. Co., 141 Neb. 41, 2 N.W.2d 576, 578, 579. See… …   Black's law dictionary

  • accidental death — noun : death by accidental means usually sudden and violent; sometimes : death occurring as the unforeseen and chance result of an intended act compare double indemnity * * * accidental death UK US noun [countable/uncountable] [singular… …   Useful english dictionary

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.