{
  "id": 5150669,
  "name": "Illinois State Trust Company, Executor of Last Will and Testament of Marvin E. Gray, Deceased, Plaintiff-Appellee, v. Employees Life Company, Defendant-Appellant",
  "name_abbreviation": "Illinois State Trust Co. v. Employees Life Co.",
  "decision_date": "1956-02-01",
  "docket_number": "Term No. 55-0-7",
  "first_page": "455",
  "last_page": "460",
  "citations": [
    {
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      "cite": "8 Ill. App. 2d 455"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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  "jurisdiction": {
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    "name_long": "Illinois",
    "name": "Ill."
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    {
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      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
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    {
      "cite": "405 Ill. 599",
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      "reporter": "Ill.",
      "case_ids": [
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      "case_paths": [
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    {
      "cite": "88 N.E.2d 499",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "338 Ill. App. 593",
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      "reporter": "Ill. App.",
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        5003144
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      "case_paths": [
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    {
      "cite": "69 N.E.2d 888",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
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    {
      "cite": "395 Ill. 182",
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        2469233
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      "case_paths": [
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    {
      "cite": "277 Ill. App. 492",
      "category": "reporters:state",
      "reporter": "Ill. App.",
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        5552355
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      "weight": 3,
      "opinion_index": 0,
      "case_paths": [
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    {
      "cite": "7 N.E.2d 451",
      "category": "reporters:state_regional",
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      "weight": 2,
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    {
      "cite": "365 Ill. 594",
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      "reporter": "Ill.",
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  "analysis": {
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    "char_count": 7461,
    "ocr_confidence": 0.519,
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  "last_updated": "2023-07-14T20:19:38.117678+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "CULBERTSON and SCHEINEMAN, JJ., concur."
    ],
    "parties": [
      "Illinois State Trust Company, Executor of Last Will and Testament of Marvin E. Gray, Deceased, Plaintiff-Appellee, v. Employees Life Company, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "PRESIDING JUSTICE BARDENS\ndelivered the opinion of the court.\nSuit was brought by plaintiff to secure a death benefit under a policy issued by the defendant to plaintiff\u2019s testate. The case was submitted upon a stipulation of facts and judgment was rendered for plaintiff for $2,000, plus interest and costs of suit.\nThe facts stipulated were substantially as follows: That the policy in question was issued to Marvin E. Gray (who is plaintiff\u2019s testate), designating his wife Eugenia Gray as beneficiary, and was in full force on January 3, 1954, when the insured and his wife met death; that Gray and his wife were killed while he was operating and flying a Piper Pacer plane owned by him when said plane plunged into Lake Pontchartrain at New Orleans, Louisiana.\nThe policy about which the dispute arises is designated on the back \u201cEmployees Income Protection Policy\u201d and states on the back and at the top of page 1: \u201cThis Policy Provides Benefits for Loss of Life and Time by Accidental Bodily Injuries and Loss of Time Caused by Illness to the Extent Herein Provided and is Benewable only at the Option of the Company.\u201d\nOn page 1 of the policy the insuring clause reads as follows:\n\u201cEmployees Life Company (Hereinafter called the Company)\nDoes Hereby Insure\nThe Insured named on page 4 of this policy (hereinafter called the Insured)\nAgainst loss commencing while this policy is in force from:\n(1) Accidental Bodily Injuries sustained or after the Effective Date of Issue of this policy (herein called injury); or\n(2) Illness which has cause and beginning more than thirty (30) days after said Date (herein called illness).\nFor such injury or illness the Company agrees to pay indemnities to the Insured in the manner and to the extent herein provided.\u201d\nAlso on page 1 the second clause following the insuring clause reads as follows:\n\u201cAm Travel Coverage\nThis policy covers such injury if caused by any of the hazards of aviation only while the Insured is riding as a fare paying passenger in a licensed passenger airplane provided by an incorporated common carrier of passengers and while operated by a licensed transport pilot upon a regular passenger route between definitely established airports.\u201d\nOn page 2 of the policy under the heading \u201cConditions, Provisions and Benefits,\u201d Part II entitled \u201cAccidental Death Benefit\u201d reads as follows:\n\u201cThe Company will pay the Accidental Death Benefit provided on Page 4 hereof, if death of the Insured shall result solely from such injury within ninety (90) days after such injury is sustained.\u201d\nOn page 4 the accidental death benefits are designated as the sum of $2,000.\nDefendant and plaintiff disagree as to whether the air travel clause above referred to applies to \u201cdeath\u201d as distinguished from \u201cinjury.\u201d Plaintiff relies upon the cases of Ziolkowski v. Continental Casualty Co., 365 Ill. 594, 7 N.E.2d 451, and Porter v. Continental Casualty Co., 277 Ill. App. 492. In both of these cases the court held that \u201cinjury\u201d did not include \u201cdeath.\u201d\nIn interpreting and construing insurance policies courts rely upon principles governing other types of contracts. Policies should be construed according to the sense and meaning of the terms used and if the language is clear and unambiguous it must be taken in its plain, ordinary and popular sense. Zitnik v. Burik, 395 Ill. 182, 69 N.E.2d 888. However, a policy is to be construed strictly against the insurer; (Freeport Motor Casualty Co. v. Tharp, 338 Ill. App. 593, 88 N.E.2d 499); and in the case of inconsistent, conflicting or ambiguous provisions, the one which affords the insured the most protection will govern. Mosby v. Mutual Life Ins. Co. of New York, 405 Ill. 599, 92 N.E.2d 103.\nWe will first examine the cases of Ziolkowski v. Continental Casualty Co., 365 Ill. 594, 7 N.E.2d 451, and Porter v. Continental Casualty Co., 277 Ill. App. 492, relied upon by plaintiff. In the Ziolkowski case the opinion discloses that the insuring clause in that policy promised to pay indemnity for loss of life, limb, limbs, sight, or time resulting from personal bodily injury which is effected solely and independently of all other causes by the happening of external, violent and purely accidental event. In Part V of said policy, under a heading entitled \u201cNot Covered,\u201d the policy provides that it shall not cover any loss if the injury causing it results from the intentional act of the insured or of any other person excepting, however, assaults committed upon the insured for the sole purpose of burglary or robbery and assaults incurred by the insured while engaged in the proper performance of the duties of his occupation. The evidence showed that the death of the insured was caused by a stabbing that was intentional and was not committed for the sole purpose of burglary or robbery or incurred while insured was engaged in the performance of the duties of his occupation. In the Porter case, 277 Ill. App. 492, the insuring clause of the policy promised to pay indemnity as follows: \u201cThe insurance given by this policy is against loss of life, limb, limbs, sight or time resulting from personal bodily injury . . . .\u201d In Part XI, entitled \u201cMiscellaneous Provisions,\u201d was a clause excluding injury which was substantially identical with the exception clause in the Ziolkowski case. Death in this case also was caused by an unprovoked stabbing, not committed for the purpose of burglary or robbery, and not incurred while the insured was engaged in the proper performance of the duties of his occupation. In both of these cases judgments were rendered against the insurance company. In these two cases the court held that loss of life as well as injury was covered by the insuring clauses and treated by the terms of the policy as separate items and that, therefore, the exceptions which applied by their language to injury only were not to be construed as applying also to death benefits and that \u201cinjury\u201d did not itself include \u201cdeath\u201d and that since \u201cdeath\u201d was separately insured against, the \u201cinjury\u201d insurance was meant to apply only to nonfatal injuries.\nThe two cases above analyzed are distinguishable from the one before us now. The policy in this case did not purport by its insuring clause to insure against \u201cdeath\u201d at all but only \u201cinjury\u201d or sickness. In clear language on page 1 it was provided that any injury from air travel in a private plane was excluded. On page 2 under the heading \u201cConditions, Provisions and Benefits\u201d the insured was given the death benefit, but only if it resulted from \u201csuch injury\u201d could only refer to an injury set out under the provisions of page 1 of the policy which excluded air travel in a private plane.\nThe policy in this case contains no inconsistency or ambiguity as applied to the facts stipulated. It clearly excludes the death benefits under air travel coverage. The judgment of the lower court therefore is reversed.\nJudgment reversed.\nCULBERTSON and SCHEINEMAN, JJ., concur.",
        "type": "majority",
        "author": "PRESIDING JUSTICE BARDENS"
      }
    ],
    "attorneys": [
      "Oehmke, Dunham & B ornan, of Bast St. Louis, Dent, Hampton & Doten, of Chicago, and Earl S. Hodges, of Springfield, for defendant-appellant; Samuel C. Patton, of Springfield, of counsel.",
      "Goldenhersh & Goldenhersh, of East St. Louis, for plaintiff-appellee."
    ],
    "corrections": "",
    "head_matter": "Illinois State Trust Company, Executor of Last Will and Testament of Marvin E. Gray, Deceased, Plaintiff-Appellee, v. Employees Life Company, Defendant-Appellant.\nTerm No. 55-0-7.\nFourth District.\nFebruary 1, 1956.\nReleased for publication February 23, 1956.\nOehmke, Dunham & B ornan, of Bast St. Louis, Dent, Hampton & Doten, of Chicago, and Earl S. Hodges, of Springfield, for defendant-appellant; Samuel C. Patton, of Springfield, of counsel.\nGoldenhersh & Goldenhersh, of East St. Louis, for plaintiff-appellee."
  },
  "file_name": "0455-01",
  "first_page_order": 471,
  "last_page_order": 476
}