What is the difference between accidental death and death by accidental means?

California, United States of America


The following excerpt is from Cox v. Prudential Ins. Co. of America, 172 Cal.App.2d 629, 343 P.2d 99 (Cal. App. 1959):

In Olinsky v. Railway Mail Ass'n, 182 Cal. 699, at pages 672-673, 189 P. 835, at page 836, 14 A.L.R. 784, it was said: 'The distinction between accidental death and death by accidental means is carefully pointed out in * * * [citation of a Texas case]. The uniform rule on the subject is thus well stated in that case: 'Where the death is the result of some act, but was not designed and not anticipated by the deceased, though it be in consequence of some act voluntarily done by him, it is accidental death. Where death is caused by some act of the deceased not designed by him, or not intentionally done by him, it is death by accidental means. In other words, accidental death is an unintended and undesigned result, arising from acts done; death by accidental means is where the result arises from acts unintentionally done.''

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