N.C.P.I.—Civil 870.21

Where it is contended that the [injury] [death] of the [plaintiff]

[plaintiff's deceased] was caused by disease, the following rules apply:2

When an accident has caused a diseased condition, which together

with the accident resulted in the [injury] [death], the accident alone is to

be considered the cause of the [injury] [death]. That is, the [injury]

[death] is by accidental means.

When, at the time of the accident, the insured was suffering from

some disease, but the disease had no causal connection with the [injury]

[death] resulting from the accident, the accident alone is to be

considered the cause of the [injury] [death]. That is, the [injury] [death]

is by accidental means.

However, when at the time of the accident there was an existing

disease, which, together with the accident, resulted in the [injury]

[death], the accident cannot be considered as the sole cause or as the

cause independent of all other causes. That is, the [injury] [death] is not

by accidental means.