Continental Casualty Co. v. Cunningham
Supreme Court of Alabama
Appeal from. Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Mary Bee Crinningham against tbe Continental Casualty Company. From a judgment for plaintiff, defendant appeals. Tbe assured was a police officer of tbe city of Anniston, and was shot and killed by one McG-uffin, under tbe following circumstances: On Snnday afternoon, June, 1911, tbe Anniston chief of police, accompanied by tbe sheriff, went into tbe bouse of McG-uffin to arrest him.
Read the full summary
Appeal from. Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Action by Mary Bee Crinningham against tbe Continental Casualty Company. From a judgment for plaintiff, defendant appeals. Tbe assured was a police officer of tbe city of Anniston, and was shot and killed by one McG-uffin, under tbe following circumstances: On Snnday afternoon, June, 1911, tbe Anniston chief of police, accompanied by tbe sheriff, went into tbe bouse of McG-uffin to arrest him. He was sitting on tbe porch with an army rifle across bis lap and bis pistol in bis hand. When tbe chief of police accosted…
1Opinion of the CourtSomerville, J.
The primary question presented by this appeal is upon the interpretation and construction of that clause of the insurance policy which limits the amount payable thereunder to one-fifth the face of the policy “where the injury causing the loss results wholly or in part * * * from the intentional act of the insured or any other person.”
What is an “intentional act” may seem a matter of very simple solution to the intelligent layman, but to the judge who is familiar with the learning of the books, and who ventures into the metaphysical subtleties which incumber judicial definition, the question…
2Cases cited3 opinions
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Armor v. StateSupreme Court of Alabama · 1879
- Snead v. ScottSupreme Court of Alabama · 1913
3Cited by16 opinions
- General Accident, Fire & Life Assurance Corp. v. HymesSupreme Court of Oklahoma · 1919
- Olson v. Southern Surety Co.Supreme Court of Iowa · 1926
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
- Lawler MacH. & Foundry Co. v. Pacific Indem. Ins. Co.Supreme Court of Alabama · 1980
- Continental Casualty Co. v. KlingeIndiana Court of Appeals · 1924
11 more not listed; retrieve them via the Exa API.