Stevenson v. Connecticut General Life Insurance

218 S.E.2d 427, 265 S.C. 348, 1975 S.C. LEXIS 276
CourtSupreme Court of South Carolina
DecidedSeptember 24, 1975
Docket20097
StatusPublished
Cited by10 cases

This text of 218 S.E.2d 427 (Stevenson v. Connecticut General Life Insurance) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stevenson v. Connecticut General Life Insurance, 218 S.E.2d 427, 265 S.C. 348, 1975 S.C. LEXIS 276 (S.C. 1975).

Opinions

Bussey, Justice:

The plaintiff-respondent Stevenson was the holder of an accident insurance policy issued by the defendant-appellant Connecticut, which provided for the payment of certain dessignated amounts if the insured “received an accidental bodily injury * * *, and as a result of the injury or exposure; [350]*350directly and independently of all other causes, has suffered any of the following losses * * The insured suffered the amputation of his left foot following an injury; the insurer denied liability and upon trial the insured obtained a jury verdict and the insurer appeals.

■ The primary contention of the insurer is that it was entitled to a judgment n. o. v. Our consideration of such contention is governed by two elementary propositions of law. First, the evidence and all the inferences reasonably deducible therefrom have to be viewed in the light most favorable to the insured. Secondly,

“It is settled beyond cavil in this jurisdiction that the terms of an insurance policy should be construed most liberally in favor of the insured, and that in case of conflict or ambiguity, a construction will not be adopted that defeats recovery if the policy is reasonably susceptible of' a meaning that will permit recovery. We uniformly give the insured the benefit of any doubt in the construction of the terms used in an insurance policy.” Hann v. Carolina Casualty Insurance Company, 252 S. C. 518, 167 S. E. (2d) 420.

See also numerous cases cited in West’s South Carolina Digest, Key 146.

We first proceed to state the facts and the inferences reasonably deducible therefrom in the light of the principle above mentioned. In July, 1972, the insured and his wife were residents of Oconee County, the insured having recently retired and moved from another state. He had been a diabetic for a number of years, his diabetic condition having caused peripheral neuropathy, a loss of feeling in his lower extremities. He had acquired a fishing boat in a state, other than South Carolina, where he formerly lived and had used the same before coming to South Carolina, but always at night or In the late afternoon. The insured was well aware o'f the loss of feeling in his feet and had not gone swimming or fishing without his shoes in 10 years for fear of injuring [351]*351his feet on stones or other obstacles. One of his principal reasons for buying the boat was to be able to swim and fish therefrom without having to wear shoes.

On July 20, 1972, while on a fishing trip on Lake Keowee the insured walked barefooted on the deck of his boat, the first time he had ever done so in the middle of a hot day. Unknown to and unanticipated by him was the fact that the temperature of the deck of the boat had risen to 200-250 degrees from the heat of the mid-day sun. Before realizing that he was being injured he suffered third degree burns to his feet and eventually lost his left foot by amputation.

While there is medical evidence from which it could be inferred that his foot could have been saved but for his diabetic condition, there is positive medical testimony to the effect that as a result of the burns sustained on the deck of the boat he had dead bone in his foot and the foot was amputated because of such dead bone and infection, which also stemmed from the burn.

The insurer argues that the insured did not receive “an accidental bodily injury” within the meaning and intent of the policy in that a reasonably prudent person in the same position of the insured should have foreseen the injury to his extremities in view of his lack of feeling therein and that such being reasonably foreseeable it was not accidental. In support of this contention the insurer relies on certain Federal court decisions as well as decisions of other jurisdictions and a recent decision of this Court, Gulledge v. Atlantic Coast Life Insurance Company, 255 S. C. 472, 179 S. E. (2d) 605. We do not regard any of the authorities cited as being either controlling or persuasive. There is, admittedly, language in the Gulledge opinion which seems to support the insurer’s contention, but the Gulledge case was an assault case where it was argued, inter alia, that the conduct of the insured provoked the assault. Moreover the policy language was different and in addition the Court affirmed a directed verdict holding in effect that there was coverage as a matter of law.

[352]*352■ The case of Goethe v. New. York Life Insurance Company, 183 S. C. 199, 190 S. E. 451 (1937), although a double indemnity case, is still the leading and controlling decision of this Court as to what constitutes an “accident” within the purview of an insurance policy. It was there pointed out that it is well settled that the words “accident”, and “accidental” have never acquired any technical meaning in law, and when used in an insurance contract they are to be constructed according to the common speech and common usage of people generally. If there be any ambiguity in the phrase “accidental bodily injury” such has been created, we think, by the efforts of .insurers to limit the coverage afforded under an accident insurance policy; the phraseology employed by insurers to narrow coverage and the efforts of courts to fairly resolve contentions as to the meaning of the-language so employed.

Webster’s Third New International Dictionary defines the word “accident”, inter alia, as follows, “sudden event or change occurring without intent or volition through carelessness, unawareness, ignorance, or a combination of causes and-producing an’unfortunate result.” Such is, we think, the' meaning of the term generally understood and accepted by-most people. In Goethe the Court quoted with approval from Lickleider v. Iowa State Traveling Men’s Association, 184 Iowa 423, 166 N. W. 363, 366, 168 N. W. 884, where it-was said:

“ ‘Accident insurance companies do business mostly with the common people, and the term “accident” as used in these policies should be defined according to the ordinary and usual understanding of its signification.’ (See Young v. Railway Mail Assoc., 126 Mo. App. [325], 341, 103 S. W. 557.)

' “It makes no difference whether the injured man or some other person voluntarily sets in motion the first of a series of events which in connected line of causation results in his injury or death. If, to use the language I have quoted, the: [353]*353resulting’injury and' violence . to him. ‘unexpectedly took' place,’ or was ‘an unexpected result from a known cause,’ or was produced ‘without design or intention,’ or was ‘an. unusual and unexpected result attending the performance of a usual dr necessary act,’ or was an ‘event happening without the concurrence of the will of the person by whose agency it was caused,’ or if it was ‘caused or produced without design,’ it falls directly within the letter and spirit of the definition which has been placed upon the words by the most competent lexicographers as well as by our most eminent jurists who have given attention thereto.”

See also Ducker v. Central Surety & Insurance Corporation, 234 S. C. 228, 107 S. E. (2d) 342.

The insurer’s argument that the insured did not sustain an accidental injury, because such should have been foreseen by a reasonably prudent person in the same position, is in essence a contention that insured’s recovery for injury should be barred because of his alleged negligence.

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Stevenson v. Connecticut General Life Insurance
218 S.E.2d 427 (Supreme Court of South Carolina, 1975)

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Bluebook (online)
218 S.E.2d 427, 265 S.C. 348, 1975 S.C. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stevenson-v-connecticut-general-life-insurance-sc-1975.