McDANIEL v. IMPERIAL LIFE INSURANCE COMPANY

No. 669.

90 S.E.2d 546 (1955)

243 N.C. 275

Thelma McDANIEL, Administratrix of the Estate of Eugenia McDaniel, Deceased, v. IMPERIAL LIFE INSURANCE COMPANY.

Supreme Court of North Carolina.

December 14, 1955.


Attorney(s) appearing for the Case

M. Hugh Thompson, F. B. McKissick, Durham, for plaintiff, appellant.

Gantt, Gantt & Markham, by Samuel F. Gantt, Durham, for defendant, appellee.


HIGGINS, Justice.

Discussed at length in the briefs is the question whether death as a result of heatstroke or sunstroke is a death through external, violent and accidental means. While this Court has never passed on the question, other courts have and their decisions are in conflict. Landress v. Phoenix Mut. Life Ins. Co., 291 U.S. 491, 54 S.Ct. 461, 78 L.Ed. 934; Rollins v. Life & Casualty Ins. Co., 190 Tenn. 89,

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