Ebeling v. Bankers' Casualty Co.
Montana Supreme Court
Appeals from District Court, Big Horn County; Charles A. Taylor, Judge. Action by Jessie W. Ebeling against tbe Bankers’ Casualty Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. There can be no question as to tbe validity or enforceability of a provision in an accident insurance policy to tbe effect that in tbe event of increased occupational hazard tbe insurance shall be decreased proportionately. (Standard Life & Acc. Ins.
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Appeals from District Court, Big Horn County; Charles A. Taylor, Judge. Action by Jessie W. Ebeling against tbe Bankers’ Casualty Company. From a judgment for plaintiff and an order denying a new trial, defendant appeals. There can be no question as to tbe validity or enforceability of a provision in an accident insurance policy to tbe effect that in tbe event of increased occupational hazard tbe insurance shall be decreased proportionately. (Standard Life & Acc. Ins. Co. v. Martin, 133 Ind. 376, 33 N. E. 105.) Tbe contract of insurance depends essentially upon an adjustment of tbe premium to…
1Opinion of the CourtJustice Holloway
• delivered the opinion of the court.
William 0. Ebeling was insured under a policy which classified occupations according to their respective hazards, and designated the amount of insurance which a given premium paid in advance would purchase upon the life of one engaged [1] in any of the different occupations so classified. Ebeling’s occupation was given as a “proprietor and meat-cutter in shop,” and was included in class D. The occupation of “tender in transit” of livestock was included in class X. The annual premium paid by Ebeling would purchase insurance to the amount of $1,100 upon the…
2Cases cited11 opinions
- North American Life & Accident Insurance v. BurroughsSupreme Court of Pennsylvania · 1871
- Loesch v. Union Casualty & Surety Co.Supreme Court of Missouri · 1903
- Holiday v. American Mutual Accident Ass'nSupreme Court of Iowa · 1897
- Green v. National Casualty Co.Washington Supreme Court · 1915
- Berliner v. Travelers' Insurance Co.California Supreme Court · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Sullivan v. Metropolitan Life InsuranceMontana Supreme Court · 1934
- W. T. Rawleigh Co. v. WashburnMontana Supreme Court · 1927
- Thorne v. Aetna Life InsuranceSupreme Court of Minnesota · 1923
- Indemnity Ins. v. SloanCourt of Appeals for the Fourth Circuit · 1934
- Tobin v. National Casualty Co.California Court of Appeal · 1923
7 more not listed; retrieve them via the Exa API.