A troublesome problem in the field of accident insurance is the interpretation of the phrase "by accidental means" and the effect of pre-existing disease upon a case involving this interpretation. The decisions vary, not only from state to state but often within the same jurisdiction. This confused state' of case law results from the innumerable variety of fact patterns considered; and is due, in part, to the well-recognized sympathy of jurors toward widows and orphans who comprise the largest class of beneficiaries. The cases exemplify two main views, each supported by considerable authority.
Jennings P. Felix,
Injury by Accidental Means and the Effect of Disease in Accident Insurance Policies,
22 Wash. L. Rev. & St. B.J.
Available at: https://digitalcommons.law.uw.edu/wlr/vol22/iss2/6