Metropolitan Life Insurance v. Landsman

165 A. 563, 35 Del. 384, 5 W.W. Harr. 384, 1933 Del. LEXIS 20
CourtSuperior Court of Delaware
DecidedFebruary 10, 1933
DocketNo. 313
StatusPublished
Cited by9 cases

This text of 165 A. 563 (Metropolitan Life Insurance v. Landsman) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Metropolitan Life Insurance v. Landsman, 165 A. 563, 35 Del. 384, 5 W.W. Harr. 384, 1933 Del. LEXIS 20 (Del. Ct. App. 1933).

Opinion

Pennewill, C. J.,

delivering the opinion of the Court:

Obviously, under the pleadings, the only question the [386]*386Court must determine is whether the injury complained of was caused by violent and accidental means.

The defendant correctly states' in his brief that the clause contained in the policy “caused directly and independently of all other causes by violent and accidental means” has received two distinct and opposed interpretations from the courts of this country.

One line of decisions hold that any injury that is accidental is covered by the clause. The other draws a distinction between an accidental injury and an injury caused by accidental means. Under the former holdings the injury here complained of would be covered by the policy; under the latter it would not.

The plaintiff contends, however, that the weight of authority and the better reasoned cases support his contention that the policy in issue indemnified him against the injury he received.

On the other hand, the defendant claims that the weight of well considered cases, as well as of reason, supports its contention that there is a distinction between an injury caused by accident and one caused by accidental means.

The distinction has been expressed by some courts in general language, as follows:

An injury is caused by accident when the result is accidental and by accidental means when the means that caused the injury are accidental. It must be admitted that such distinction does not clarify the law very much and some courts have frankly said there is no distinction between an injury caused by accident and one caused by accidental means. But no matter how technical the distinction may seem' to be, many courts have recognized and acted upon it. Perhaps the difference in judicial decisions may be shown by a case similar in principle to the present one, where the plaintiff in voluntarily attempting to perform an act in the usual course of his occupation over- [387]*387. taxed his strength and imposed upon the vital organs a burden greater than they could bear. Such was a leading . case cited by the defendant. Rock v. Travelers’ Ins. Co., 172 Cal. 462, 156 P. 1029, 1030, L. R. A. 1916E, 1197.

In that case the plaintiff undertook to carry a heavy casket down a flight of stairs. The entire operation was carried out precisely in the manner intended and designed by the plaintiff, but the exertion he assumed was beyond • his strength and the result was a dilation of the heart and death. On these facts, the Court held, it could not be said the death was caused by bodily injuries affected through accidental means. In that case the Court said:

“A differentiation is made, therefore, between the result to the insured and the means which is the operative cause in producing this result. It is not enough that death or injury should be unexpected or unforeseen, but there must be some element of unexpectedness in the preceding act or occurrence which leads to the injury or death. * * * ‘The question, in the sense of this policy, is not whether death was the result of accident in the sense that it was a death which was not foreseen or anticipated. That is not the question. The question is, in the words of this policy, whether the means by which the injury was caused were accidental means. The death being accidental in the sense in which I have mentioned, and the means which led to the death as accidental, are, to my mind, two quite different things. A person may do certain acts, the result of which acts may produce unforeseen consequences, and may produce what is commonly called accidental death, but the means are exactly what the man intended to use, and did use, and was prepared to use. The means were not accidental, but the result might be accidental.’ ”

The distinction the Court sought to make in that case, between accident and accidental means, is made clearer by the following words in the opinion:

“In carrying it [the casket] down he did not slip or stumble, nor did the casket fall against him.”

The necessary inference from these words is, that if the injury had been caused by the plaintiff’s slipping or stumbling, there would have been a cause preceding the injury which the plaintiff could neither anticipate or control, and in such case the injury would have been caused by accidental means. And this is conceded by the defendant to be the law, because it is said in its brief:

[388]*388“For example, if the insured slipped, if the bag he was carrying fell from his shoulder, and he attempted to catch it, if he wrenched or strained his body and then fell — any or all of these events would, under this particular policy, be acts which were beyond his control, and the injury would, of course, be the result of accidental means.”

The defendant has cited many cases and quoted at considerable length from some of them but they are all to the same effect as the Rock Case to which we have particularly referred.

Some of the other cases cited by the defendant are: Bennetts v. Occidental L. I. Co., 39 Cal. App. 384, 178 P. 964; Schmid v. Indiana Travelers’ Acc. Ass’n, 42 Ind. App. 483, 85 N. E. 1032, 1036; Feder, et al., v. Iowa State Trav. Men’s Ass’n, 107 Iowa 538, 78 N. W. 252, 253, 43 L. R. A. 693, 70 Am. St. Rep. 212; Shanberg v. Fidelity & Cas. Co. (C. C. A.), 158 F. 1, 5, 19 L. R. A. (N. S.) 1206; Fane v. Nat. Ass’n Ry. Mail Clerks, 197 App. Div. 145, 188 N. Y. S. 222, 223; Seipel v. Eq. Life Ins. Co. (C. C. A.), 59 F. (2d) 544.

In order to make the distinction which many courts have'made between accident and accidental means, as clear as possible, we will quote from a few of the cases cited above.

In the Schmid Case, it was said:

“As to what constitutes an accident, the reported cases are not all in accord. But our own decisions, with the weight of the decisions of other courts, we think hold that, where an injury occurs as the direct result of intentional acts, it is not produced by accidental means.”

In the case of Feder, et al., v. Iowa State Trav. Men’s Ass’n, the Court said:

“Although a result may not be designed, foreseen, or expected, yet, if it be the natural and direct effect of acts voluntarily done, or of conditions voluntarily assumed, it cannot be said to be accidental. * * The evidence shows that the cause was the ruptured artery; but that was not accidental, if it was the natural result of an act voluntarily done by Feder. That he did anything but what he intended to do, in attempting to close the shutters, is not shown nor claimed. It is not even shown that he made any unusual exertion in what he did.”

In the Shanberg Case, it was said:

[389]*389“It would not help the matter to call. the injury itself — that is, the rupture of the heart — an accident. That was the result and not the means through which it was effected. Carrying the door, or, after putting it down, the act of filling his lungs with air by drawing a long breath, was the means by which the injury was caused.

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Bluebook (online)
165 A. 563, 35 Del. 384, 5 W.W. Harr. 384, 1933 Del. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/metropolitan-life-insurance-v-landsman-delsuperct-1933.