State ex rel. Schmohl v. Ellison
Supreme Court of Missouri
Certiorari. (1) The opinion and decision of the Kansas City Court of Appeals in construing the language “while riding as a passenger in a railway passenger car” to mean while riding as a passenger on the inside of a passenger car, construed the contract most favorably to the insurance company instead of to the.insured, in direct opposition to and in conflict with the controlling decisions of this court, which hold that all such contracts must be construed most favorably to…
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Certiorari. (1) The opinion and decision of the Kansas City Court of Appeals in construing the language “while riding as a passenger in a railway passenger car” to mean while riding as a passenger on the inside of a passenger car, construed the contract most favorably to the insurance company instead of to the.insured, in direct opposition to and in conflict with the controlling decisions of this court, which hold that all such contracts must be construed most favorably to the insured. Bruner v. Wheaton, 46 Mo, 367; Mathews v. Modern Woodmen, 236 Mo. 342; Shoe Co. v. Casualty Co., 172 Mo.…
1Opinion of the CourtGraves, J.
Certiorari to the Kansas City Court of Appeals. The case may be stated in small compass. Judge Johnson of the Court of Appeals in an opinion filed, thus states some of the substantial facts:
“This is an action on a policy of accident insurance issued by defendant, June 7, 1912, and in force at the time of the injury and death of the assured. The defense is that the cause of the injury was one for which the policy provided no indemnity. A jury Avas waived, the cause was submitted on agreed facts, judgment was rendered for plaintiff and defendant appealed.
“Defendant, for a premium paid by the…
2Cases cited12 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
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3Cited by9 opinions
- Sullins v. Allstate InsuranceCourt of Appeals of Maryland · 1995
- State Ex Rel. Burton v. AllenSupreme Court of Missouri · 1925
- Hesselberg v. Aetna Life Ins. Co.Court of Appeals for the Eighth Circuit · 1939
- Casner v. San Diego Trust & Savings BankCalifornia Court of Appeal · 1939
- Hoffman v. Central Surety & InsuranceAppellate Court of Illinois · 1938
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