In the case of Employers' Liability Assurance Corporation, Limited v. Cook et al., 1929, the U.S Supreme Court was asked to determine whether a liability insurance policy that covered "damages for personal injuries accidentally suffered" also included coverage for damages awarded due to wrongful death. The court ruled in favor of Cook and held that such an insurance policy did indeed cover damages resulting from wrongful death claims. This decision was based on the interpretation of the word 'accident' within the context of this specific insurance contract as well as general principles governing contracts. The court reasoned that if an accident led to someone's injury, it would be considered accidental suffering; similarly, if an accident resulted in someone's death, it should also be regarded as accidental suffering under this particular policy’s terms.

In the dissenting opinion for Employers' Liability Assurance Corporation, Limited v. Cook et al., Justice Stone argued that the majority's decision to uphold a state law requiring foreign corporations to consent to being sued in local courts as a condition of doing business was inconsistent with previous rulings and infringed on constitutional protections. He contended that such laws unfairly discriminated against out-of-state businesses by subjecting them to legal proceedings in potentially unfavorable jurisdictions. Furthermore, he believed this ruling could lead states into an unhealthy competition of imposing more burdensome conditions on foreign corporations than those imposed by other states. Thus, he disagreed with the majority's view that these requirements were merely part of a state’s power to regulate commerce within its borders.