Dozier v. Fidelity & Casualty Co.
U.S. Circuit Court for the District of Western Missouri
At Law. This is an action on an accident insurance policy. The assured, Willoughby L. Dozier, on the 26th day of April, 1890, took out a policy of insurance in the defendant company, which, by its terms, would expire on the 26th day of April, 1891. The assurance was “against bodily injuries sustained through external, violent, and accidental means.” It did not cover “any disease or bodily infirmity.” The insured was, by occupation, a supervising architect.
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At Law. This is an action on an accident insurance policy. The assured, Willoughby L. Dozier, on the 26th day of April, 1890, took out a policy of insurance in the defendant company, which, by its terms, would expire on the 26th day of April, 1891. The assurance was “against bodily injuries sustained through external, violent, and accidental means.” It did not cover “any disease or bodily infirmity.” The insured was, by occupation, a supervising architect. The petition, by his wife, the named beneficiary, alleges that the assured, while in the discharge of his ordinary avocation, and without…
1Opinion of the Court
Philips, J.,
(after stating the facts as above.') The question to be decided is whether or not death resulting from sun-stroke or heat prostration comes within the means of injury insured against. This precise question does not appear to have been passed upon by any American court, but it is not too much to say, perhaps, that it may be regarded as settled in the negative in England by the opinion of Chief Justice Cockburn in Sinclair v. Assurance Co., 3 El. & El. 478. The policy there assured against “any personal injury from, or by reason or in consequence of, any accident which should happen…
2Cases cited4 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Brown v. PiperSupreme Court of the United States · 1875
- United States Mutual Accident Ass'n v. NewmanSupreme Court of Virginia · 1887
- State v. HayesSupreme Court of Missouri · 1883
3Cited by20 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Bryant v. Continental Casualty Co.Texas Supreme Court · 1916
- Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
- Goethe v. New York Life InsuranceSupreme Court of South Carolina · 1937
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
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