Pagel v. United States Casualty Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marathon county: W. B. QuielaN, Judge. This is an action upon an accident indemnity policy to recover the death benefit provided in a policy issued to Arthur A. Pagel, deceased, payable to Johanna K. Pagel, mother of said Arthur A. Pagel, the beneficiary named in said policy.
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Appeal from a judgment of the circuit court for Marathon county: W. B. QuielaN, Judge. This is an action upon an accident indemnity policy to recover the death benefit provided in a policy issued to Arthur A. Pagel, deceased, payable to Johanna K. Pagel, mother of said Arthur A. Pagel, the beneficiary named in said policy. The answer admits the issuance of the policy, but sets up-a breach of warranty in the application alleged to be part of the policy, that the weekly wages of the insured were in excess of the weekly indemnity provided in said policy, whereby the policy was avoided and made…
1Opinion of the CourtEjeRwiit, J.
The policy in suit was executed on the 1st day of May, 1912, to the deceased, Arthur A. Pagel, son of the plaintiff, for one year, and provided a death benefit of $3,750 payable to the plaintiff. The insured, Arthur A. Pagel, was twenty years of age March 12, 1912, and was on August 19, 1912, the time of his death, living with plaintiff. Sunday afternoon, August 18, 1912, the deceased complained of not feeling well and consulted a physician. Monday morning following he told his mother he was not feeling well, whereupon she advised him to remain in bed and not *280go to work. Tie ate some…
2Cases cited7 opinions
- Penn Mut. Life Ins. v. Mechanics' Savings Bank & Trust Co.Court of Appeals for the Sixth Circuit · 1896
- Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- United American Fire Insurance Co. v. American Bonding Co. of BaltimoreWisconsin Supreme Court · 1911
- Krogh v. Modern Brotherwood of AmericaWisconsin Supreme Court · 1913
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3Cited by5 opinions
- Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
- Reynolds v. Maryland Casualty Co.Supreme Court of Missouri · 1918
- Fehrer v. Midland Casualty Co.Wisconsin Supreme Court · 1923
- Fenelon v. StateWisconsin Supreme Court · 1929
- Ziebell v. Fraternal Reserve Ass'nWisconsin Supreme Court · 1914