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FIDELITY & CASUALTY CO. OF NEW YORK v. GRINER

No. 6136.

44 F.2d 706 (1930)

FIDELITY & CASUALTY CO. OF NEW YORK v. GRINER.

Circuit Court of Appeals, Ninth Circuit.

November 10, 1930.

Attorney(s) appearing for the Case

Chickering & Gregory, Evan Williams, Donald Y. Lamont, and Stephen R. Duhring, all of San Francisco, Cal., for appellant.

Edward J. McCutchen, John T. Pigott, and Harris K. Lyle, all of San Francisco, Cal., and H. B. Churchill, of Santa Rosa, Cal. (McCutchen, Olney, Mannon & Greene, of San Francisco, Cal., of counsel), for appellee.

Before RUDKIN and WILBUR, Circuit Judges, and NORCROSS, District Judge.

WILBUR, Circuit Judge.

Oliver T. Griner, a dentist aged sixty years, was insured by an accident policy of the appellant. He was bitten by a mad dog belonging to him and died within an hour and a half thereafter. The appellee, his widow, sued on the policy, and the appellant insurance company defended on the ground that decedent did not die as a result of bodily injury sustained through accidental means which resulted directly and independently and exclusively of all...

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