How have courts interpreted the proviso in an accident insurance policy?
Alberta, Canada
The following excerpt is from Koch v. Empire Life Insurance Company, 1981 CanLII 1207 (AB QB):
In Hamlyn v. Crown Accidental Ins. Co., supra, the plaintiff effected an insurance with the insurer against "any bodily injury caused by violent, accidental, external and visible means" [p. 750]. The policy contained a proviso excepting, among other things, injuries arising from "natural disease or weakness or exhaustion consequent upon disease". In stooping to pick up a marble dropped by a child, the plaintiff dislocated the cartilage of his knee. He had not previously suffered any weakness of the knee.
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