Cox v. Prudential Ins. Co

In Cox v. Prudential Ins. Co. (1959) 172 Cal.App.2d 629, the court held that a prisoner who jumped to the pavement from a moving automobile in an unsuccessful effort to escape met his death by "accidental means." The court reasoned that the intentional jump did not cause his death but rather it was caused by a truck which he unsuccessfully tried to avoid by rolling on the pavement. The truck was held to be a subsequent intervening, unexpected and unforeseen cause or means of death. Cox v. Prudential Ins. Co., founded on the principle stated therein in varying ways: (1) 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 ( id., at p. 634); (2) to prevent recovery upon an accidental means policy, "'it must be made to appear that in utilizing the means to which he resorted the insured knew or should have known that he would probably sustain the injury which resulted as a consequence thereof'" ( id., at p. 635); (3) "'if there is some evidence which justifies the inference that the means which produced the injury contained something of an unexpected or unforeseen character involving other acts not intentionally done, the resulting injury may be said to be caused through accidental means.'" ( Id., at p. 635.)