ment, and not of the policy. But it may be shown by evidence and circumstances, that it was intended by the insurers to vary the agreement, and propose a different policy to the insured, and that this was understood by the insured, and the policy so accepted.

SECTION VII.

ENDOWMENT POLICIES.

IN the forms of life insurance heretofore considered, the amount of the policy is made payable only on the death of the life insured. If he lives to old age there may come a time when he is earning nothing, and when his personal needs, rather than those of his beneficiaries-usually his wife and children-require to be provided for. Endowment policies, so called, in which an endowment clause is inserted in a life policy, are intended to provide for this contingency. Their provisions vary greatly. Almost every company has some special forms or combinations, professing to offer peculiar advantages to the insured. The one characteristic feature of all endowment policies, however, is the stipulation that if at, the expiration of a specified number of years, the life-insured be living, the amount of the policy will be paid to him or to his assignee, but that, if he dies before that time, it will be paid to the beneficiary named, as in the case of a simple life policy. In its other general features an endowment policy is similar to an ordinary life policy. The premium, however, is necessarily adjusted to the special risk involved, and the whole amount of premiums is payable before the expiration of the endowment period, if the insured be still living. Other modifications of the life policy, such as the payment to the beneficiary of a fixed annuity for life instead of a lump sum at the death of the insured, are also common.

SECTION VIII.

ACCIDENT INSURANCE.

THIS is a branch of life insurance in which only death or injury from accidental causes is insured against, and is governed by the same general principles.

What has been said of warranties and representations in relation to policies of life insurance applies equally to accident insur

ance. Any false representation material to the risk made by the applicant in his application, such as those relating to his age, physical condition or occupation, will avoid the policy. A statement, however, that he has never been ill or received any physical injury is not to be literally construed, and means only that he has had no serious illness or injury which has affected his general health, or left any perceptible traces behind which would make him less eligible for insurance.

Accident policies vary greatly in their details, but in certain general respects are substantially alike. They usually insure only against injuries caused by "external, violent and accidental means." The requirement that the injury must be "accidental" is a universal one, and the word "accident" in the policy is to be understood in its popular sense, meaning, says the Supreme Court of the United States, an event "happening by chance; unexpectedly taking place; not according to the usual course of things; or not as expected. If a result is such as follows from ordinary means, voluntarily employed, in a not unusual or unexpected way, it cannot be called a result effected by accidental. means. But if in the act which precedes the injury something unforeseen, unexpected, unusual occurs, which produces the injury, then the injury has resulted through accidental means."

Examples of accidental injuries are those caused by a fall, by blows, by unintentionally inhaling gas, by the effects of chloroform administered in preparation for an operation, by the bite of a dog, the sting of an insect, the discharge of a gun, choking while eating, drowning, or a sudden wrench or strain of the body.

On the other hand, injuries resulting from ordinary voluntary exertions, as for example, hastily jumping from a railroad car and running a considerable distance, reaching out to close a window, carrying heavy luggage, and the effects of riding a bicycle, bringing on appendicitis, have been held not to be accidental, within the meaning of the policy.

Disease resulting from an accidental injury is within the protection of the policy, but not when it is otherwise occasioned. Intentional injuries inflicted by third persons are held to be accidental.

The words "external" and "violent," in the expression above quoted, refer to the means which cause the injury, and not to the injury itself, and if the cause of the injury can be shown to be

due to accidental or unnatural means, this imports that the injury is due to external and violent means. Any injury, it is said, which is caused by means coming from outside the body of the insured may properly be considered in this connection as external and violent. Thus, for example, a sudden strain caused by bowling or lifting, death by drowning, or freezing, or by accidental poisoning, dislocation of the knee by sudden stooping to pick up a marble, blood poisoning from the bite of an insect have all been held to be due to external and violent means and in such cases the nature and character of the injury may of themselves be sufficient to establish that the means by which it was caused was external and violent.

It is also common to provide that the policy shall not cover any injury, fatal or otherwise, of which there is no external and visible sign or mark on the body, but any physical signs of injury, such as discoloration of the skin appearing several hours after the accident, satisfy this requirement, and where death results, the condition of the internal organs may furnish visible proof of the injury. Where the injury is internal any physical symptoms, such as bleeding from the nose, pallor, emaciation or unnatural discharges, are sufficient. It has been held also, that if the signs of injury are apparent to the touch, though not perceptible to the eye, they are "visible" within the meaning of the policy.

In any action on the policy the burden of proof is always on the insured to show that the alleged accident was in fact the cause of the death or injury.

For purposes of insurance, the different professions, trades and employments are classified, and the premiums and other terms of insurance vary as between the different classes in proportion to the degree of risk supposed to be incident to the respective employments. And under such a classification the policy usually covers the risks incident to the occupation in which the insured is engaged, and which is set forth in the application or in the policy itself. Where one is insured as a member of a particular class, however, he is not precluded from doing such acts as are incidentally done by persons of all employments, or acts of exercise or recreation, such as hunting or fishing, nor, unless there is some express provision in the policy to the contrary, does the classification affect temporary employments during leisure hours,

acts done outside of one's usual or ordinary business, or even casual employment in a different business.

Accident policies always exempt from their operation certain specified risks. These vary with different companies but some of the most common are: injuries intentionally inflicted by others, or by the insured himself; voluntary exposure to unnecessary danger; results of bodily infirmity or disease; hernias; lifting or over-exertion, but this does not include such acts as are incident to a man's ordinary occupation; medical or surgical treatment, unless rendered necessary by an injury insured against; suicide; entering or leaving a moving conveyance; injuries suffered while insured is engaged in violation of law, or in fighting or provoking assault, or while intoxicated, or walking on railroad track, or riding on the platform of a car, or in a conveyance not intended for passengers.

To constitute voluntary exposure to danger, the danger must be one that a reasonably prudent man should foresee and recognize, such as that of jumping from a rapidly moving train. But where the danger is not an obvious one, even though the act be voluntary, the exception does not apply. Nor does it include voluntary exposure to necessary danger, as where one is injured. while endeavoring to save the life of another, or in the performance of a necessary duty. And where the occupation of the insured exposes him to unusual hazards these are not regarded as a "voluntary exposure to danger," as for example where a painter or mason is working on a suspended scaffold or rope sling, or a railroad engineer is obliged to attend to the operation of a rapidly moving engine.

Under a policy insuring only against accidents occurring while the insured is traveling as a passenger on a public conveyance, it is held that he is protected while alighting from one conveyance to pursue his journey in another. And where in the course of her journey a woman had to change from a steamboat to a railroad train, the railroad station being at a considerable distance from the steamboat landing, she continued to be protected while walking from one to the other.

Questions sometimes arise under the clause excepting death or injuries occasioned by bodily infirmity or disease. Here the law is that if the injury is due solely to the accident, without being affected by any diseased condition of the body, the insurer is lia

ble; but if the accident merely aggravates or hastens the effect of disease, or if the injury is due to the joint effects of accident and disease, the insured cannot recover. Where, however the insured at the time of the accident is free from any actual disease, although as the result of some previous disease his system is less able to resist the effects of the accident than it otherwise would be, the exception does not apply. And where the accident is the proximate cause of the injury and the disease only the occasion, as where a man in a fit fell into a stream and was drowned, it was held that the exception did not apply. Nor does it apply to a disease, as blood poisoning, directly occasioned by the accident. A question frequently arises as to whether the disability resulting from an injury is total or only partial. This often depends upon the exact language of the policy, but, generally speaking, a man is totally disabled when he can no longer perform any substantial part of the duties of his regular employment or cf any employment for which he is fitted. The fact that he may perform single or occasional acts does not make the disability partial.

The policy always provides that notice of any accident for which compensation is claimed shall be given to the insurer. If the policy fixes a time within which such notice must be given the notice must be given within that time. It has been held in some cases that the time does not begin to run until the results of the accident are ascertained, when they are not immediately apparent, but the Supreme Judicial Court of Massachusetts has held that, even in such a case, the time begins to run from the date of the accident. Where, however, the policy only provides for "immediate" notice it is held that the notice need not be instantaneous, but only that it shall be given within such time as is reasonable in view of all the circumstances. No particular form of notice is essential. It may be by letter. It should state the nature and cause of the accident, as well as the time and place, giving the best information available at the time. When the policy requires information on specific points or special proofs, as for instance a physician's certificate, these should be furnished, but any defect in the proofs will not invalidate the notice itself. If further proofs are required the insurer should notify the insured. Where the policy provides that notice and proofs of loss must be furnished at the home office, this provision