What is the current state of the law on accidental result insurance policies?
California, United States of America
The following excerpt is from Weil v. Federal Kemper Life Assurance Co., 27 Cal.Rptr.2d 316, 7 Cal.4th 125, 866 P.2d 774 (Cal. 1994):
"The provisions of insurance policies should be considered as used in their ordinary and popular sense. If this be done, the distinction between accidental result and accidental means cannot be said to exist. It is a distinction without a difference in so far as the average lay person is concerned." (Murphy v. Travelers Ins. Co. (1942) 141 Neb. 41, 2 N.W.2d 576, 580.)
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