SMITH v. CORNHILL INSURANCE COMPANY, LTD.

(1938) 61 Ll.L.Rep. 122

KING'S BENCH DIVISION.

Before Mr. Justice Atkinson.

Motor insurance - Accident - Death of assured-Claim by executrix of deceased that defendant insurance company were liable under their policy in the sum of £1000 - Car found on its side in undergrowth 10 yards off road-Deceased discovered in stream a short distance from car-Medical evidence that deceased, who was in good health, had suffered severe head injuries and that she had died from heart failure due to shock on entering water -Liability of defendants under policy providing that "The company will pay (a) £1000 in the event of death, provided that death occurs within six weeks from the date of the accident and as the result solely of bodily injury caused by violent accidental external and visible means sustained by the insured whilst riding in mounting into or dismounting from the insured car" -Whether death occurred "as the result solely of bodily injury" caused by the accident-Chain of causation- Intervening and independent cause.