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Georgie W. McCallum v. Mutual Life Insurance Company of New York, a New York Corporation

Georgie W. McCALLUM, Appellant, v. MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, a New York Corporation, Appellee

McCallum v. Mut. Life Ins. Co. of N.Y., a N.Y. Corp., 274 F.2d 431 (4th Cir. 1960)
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Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
January 20, 1960
Docket
No. 8004_1
Judges
Soper, Haynsworth, Boréman
Citations
274 F.2d 4311960 U.S. App. LEXIS 5570

Opinion — Per Curiam

PER CURIAM.

Plaintiff; appellant, seeks to recover from Mutual Life Insurance Company, appellee and defendant below, under double indemnity provisions of life insurance policies in event of death of insured as a direct result of bodily injury effected through external, violent and accidental means. The District Court sustained a motion for summary judgment filed by the insurance company.

The opinion of the District Court is reported in 1959, 175 F.Supp. 3, 7 . It was there stated:

“If called upon to instruct the jury on the interpretation of what is meant by the words ‘external means’, it would be incumbent upon this Court to find, under the uncontradicted facts, that the insured did not die from injuries solely through ‘external means’ * * * The immediate cause of death of the insured was determined to be suffocation, due to aspiration of vomitus. There was no “mechanical lodging of food in the windpipe”. The pathological diagnosis, contained in the report of autopsy, revealed “acute aspiration of gastric contents to trachea, bronchi and bronchi-oles” and the probable cause of death was stated as “acute aspiration of gastric contents to trachea”.

We affirm and adopt the opinion of the District Court, insofar as it is based upon its interpretation of “external means” and its determination that the death of the insured was not a direct result of bodily injury effected through external means, within the meaning of the double indemnity provisions of the insurance policies.

1

Affirmed.

1

. The District Court referred to, and briefly discussed, the case of Landress v. Phoenix Mut. Life Ins. Co., 1934, 291 U.S. 491 , 54 S.Ct. 461 , 78 L.Ed. 934 , which involved the construction and application of insurance policy provisions pertaining to death by accidental means. For a discussion. of the applicable law in the Commonwealth of Virginia as to insurance coverage in event of death by “accidental means” see the decision of this court on rehearing, speaking through Judge Soper, American Nat. Ins. Co. v. Belch, 4 Cir., 1938, 100 F.2d 48, 50, 51 .

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1962: 11963: 11967: 11968: 11973: 11979: 11982: 119622026peak 1962 · 1

Relies on it most ⓘ

  1. Spaid v. Cal-Western States Life Insurance130 Cal. App. 3d 803 (1982)
  2. Spott v. Equitable Life Insurance209 Cal. App. 2d 229 (1962)
  3. Weaver v. Home Security Life Insurance Company201 S.E.2d 63 (N.C. Ct. App. 1973)
  4. Commercial Insurance Company of Newark, New Jersey, a Corporation v. Edwin Scott Orr379 F.2d 865 (8th Cir. 1967)
  5. Farrell v. Hollingsworth43 F.R.D. 362 (D.S.C. 1968)
  6. Wommack v. Shenandoah Life Insurance473 F. Supp. 757 (D.S.D. 1979)

Most recent

  1. Spaid v. Cal-Western States Life Insurance130 Cal. App. 3d 803 (1982)
  2. Wommack v. Shenandoah Life Insurance473 F. Supp. 757 (D.S.D. 1979)
  3. Weaver v. Home Security Life Insurance Company201 S.E.2d 63 (N.C. Ct. App. 1973)
  4. Farrell v. Hollingsworth43 F.R.D. 362 (D.S.C. 1968)
  5. Commercial Insurance Company of Newark, New Jersey, a Corporation v. Edwin Scott Orr379 F.2d 865 (8th Cir. 1967)
  6. Christensen v. Prudential Insurance384 P.2d 142 (Or. 1963)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Landress v. Phoenix Mut. Life Ins., 291 U.S. 491 (1934) 204
McCallum v. Mut. Life Ins. Co. of N.Y., 175 F. Supp. 3 (E.D. Va. 1959) 12
Am. Nat. Ins. Co. of Galveston v. Belch, 100 F.2d 48 (4th Cir. 1938) 11

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