Description
Executors sought payment under a personal accident insurance policy underwritten by the defenders who were obliged to pay if injuries caused by an accident were the 'sole cause' of death. The deceased was admitted to hospital after being involved in a road traffic accident where he developed pneumonia. The claim under the policy was refused because it was said that death was not caused exclusively by the accident but also by severe pre-existing medical conditions.
Action dismissed. Held; The natural and ordinary interpretation of the words 'sole cause' is that the death must be attributable only to the injuries directly caused by the accident. A death can be attributed to a number of factors, but the consequences of an accident will predominate. Where the accidental injuries are non-fatal in themselves, it is unlikely that a 'sole cause' policy will impose a liability to pay death benefit. It was clear that the bodily injuries caused by the accident would not have killed the deceased. It was a pre-existing medical condition of chronic obstructive pulmonary disease (COPD) which caused the fractures leading to death. The defenders were not, therefore, obliged to pay out under the policy. Fidelity and Casualty Company of New York v Mitchell [1917] AC 592 distinguished.
