ACCIDENT INSURANCE 497
Section 2.-Accident Insurance.
(a) DEATH OR INJURY RESULTING FROM EVENTS OR INNOCENT ACTS OF ANOTHER.
ASHLEY v. AGRICULTURAL LIFE INS. CO.
Supreme Court of Michigan, 1928.
241 Mich. 441, 217 N. W. 27, 58 A. L. R. 1208.
Assumpsit by Emma Ashley against the Agricultural Life Insurance Company of America on a policy of insurance. Judgment for plaintiff for less than amount claimed. She brings error. Re-versed, and judgment ordered entered for full amount. * * *
CLARK, J. Plaintiff, Emma Ashley, was beneficiary in a life insurance policy for $2,000 issued to her son, Harold Ashley, by defendant. The insured died on or about November 20, 1926. For this defendant admitted liability and its willingness to pay. The controversy relates to what is called a double indemnity rider, attached to the policy, which provided that for an added premium, which was furnished, the defendant was to pay an additional $2,000 in the event of the death of the insured "resulting from bodily in-jury, sustained and effected directly through external, violent and accidental means (murder or suicide, sane or insane. not included) exclusively and independently of all other causes, provided such death shall occur within ninety (90) days from the date of the accident."
Insured and a companion were camped for hunting deer at Moran in Mackinac county. On Friday, November 19, 1926, with a guide they left camp and drove nearly 20 miles to some hardwooded up-land, where they left the car and separated to hunt, insured, with sufficient clothing, following the track of a deer. They were to meet at the car later in the day. Insured did not return. The weather was pleasant but in the afternoon turned cold with wind and snow. That night his companions searched by following his tracks nearly three miles to the edge of a large swamp where it be-came evident he had become lost. ITis tracks led in all directions in the snow "like a lost man would do." He had attempted unsuccessfully there to kindle a fire. Search continued aided by woodsmen and State troopers. Insured had wandered into the swamp and had walked about there and on small patches of upland therein. On the Monday following his body frozen stiff was found
817 ("engaged in aviation"); Gits v. New York Life Ins. Co. (1929) 32 Fed. (2d) 7 ("aeronautic operations").
For other cases see 69 A. L. R. 331, 61 A. L. R. 46, 57 A. L. R. 625, 40 A. L. R. 1176, 14 A. L. R 176. See also Zollman, Carl, Aerial Insurance (1926) 11 \Iarq. L. Rev. 93.