Prudential Insurance Co. of America v. Gregory

Court of Appeals of Kentucky

Prudential Insurance Co. of America v. Gregory

300 S.W.2d 39, 1957 Ky. LEXIS 435

DecidedMarch 15, 1957

StatusPublished

This text of 300 S.W.2d 39 (Prudential Insurance Co. of America v. Gregory) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Prudential Insurance Co. of America v. Gregory, 300 S.W.2d 39, 1957 Ky. LEXIS 435 (Ky. Ct. App. 1957).

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Opinion

PER CURIAM.

This is a motion for an appeal from a judgment entered on a jury verdict awarding appellee $1,000 as double indemnity under a life insurance policy. Admittedly the deceased met with an accident causing traumatic injury.

We are of the opinion that the circumstances of this case, and particularly the fact that death occurred within a few hours after the accident, presented a jury question as to whether or not the accident was the cause of death within the meaning of the insurance policy, even though the deceased suffered from arteriosclerosis. We find no merit in appellant’s contention with respect to the lack of proof of accidental death furnished the company, nor do we find prejudicial error in the instructions.

The motion for an appeal is denied, and the judgment stands affirmed.

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PER CURIAM.

This is a motion for an appeal from a judgment entered on a jury verdict awarding appellee $1,000 as double indemnity under a life insurance policy. Admittedly the deceased met with an accident causing traumatic injury.

We are of the opinion that the circumstances of this case, and particularly the fact that death occurred within a few hours after the accident, presented a jury question as to whether or not the accident was the cause of death within the meaning of the insurance policy, even though the deceased suffered from arteriosclerosis. We find no merit in appellant’s contention with respect to the lack of proof of accidental death furnished the company, nor do we find prejudicial error in the instructions.

The motion for an appeal is denied, and the judgment stands affirmed.

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Bluebook (online)

300 S.W.2d 39, 1957 Ky. LEXIS 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudential-insurance-co-of-america-v-gregory-kyctapp-1957.