Fidelity & Casualty Co. v. Joiner
Court of Appeals of Texas
Appeal ■ from. District Court, Grayson County; W. M. Peck, Judge. Action by James Roe Joiner against the Fidelity & Casualty Company. From a judgment for plaintiff, defendant appeals. The suit was by appellee, the beneficiary named in an accident policy issued to his father, J. R. Joiner, by appellant.
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Appeal ■ from. District Court, Grayson County; W. M. Peck, Judge. Action by James Roe Joiner against the Fidelity & Casualty Company. From a judgment for plaintiff, defendant appeals. The suit was by appellee, the beneficiary named in an accident policy issued to his father, J. R. Joiner, by appellant. By its terms the policy insured said J. R. Joiner— “against bodily injury sustained during the term of one year from noon, standard time, of the day that this policy is dated, through accidental means (excluding suicide, sane or insane, or any attempt thereat, sane or insane) and resulting…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1] There are 37 assignments, but as we view the record the disposition which should be made of the appeal depends /upon the answers to these questions: (1) Was there evidence to support the finding that the death of the assured was due “directly, independently, and exclusively of all other causes” to the injuries he sustained? (2) Was there evidence to support the finding that said injuries resulted in “immediate and total disability” that continuously thereafter-wards prevented the insured “from performing any and every kind of duty pertaining to his…
2Cases cited10 opinions
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
- Hohn v. Inter-State Casualty Co.Michigan Supreme Court · 1897
- James v. United States Casualty Co.Missouri Court of Appeals · 1905
- Continental Casualty Co. v. WynneSupreme Court of Oklahoma · 1912
- Great Eastern Casualty Co. v. RobinsSupreme Court of Arkansas · 1914
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Winters Mut. Aid Ass'n Circle No. 2 v. ReddinTexas Commission of Appeals · 1932
- North American Accident Ins. Co. v. MillerCourt of Appeals of Texas · 1917
- Travelers' Ins. Co. v. PlasterSupreme Court of Alabama · 1924
- Kemper v. Police & Firemen's Ins. Ass'nTexas Commission of Appeals · 1932
- Fitzgerald v. Globe Indemnity Co. of New YorkCalifornia Court of Appeal · 1927
26 more not listed; retrieve them via the Exa API.