Legal Opinion

Alter v. Union Casualty & Surety Co.

Missouri Court of Appeals

Decided November 15, 1904PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — Bow. D. D. Fisher, Judge. (1) The injury which resulted in the loss of respondent’s left hand was clearly the result of a voluntary exposure to avoidable danger. Bean v. Employer’s Liability Corp., 50 Mo. App. 459; Overbeck v. Ins. Co., 93 Mo. App. 453; Glass v. Accident Assn., 112 Fed. 495; Ins.

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Appeal from St. Louis City Circuit Court. — Bow. D. D. Fisher, Judge. (1) The injury which resulted in the loss of respondent’s left hand was clearly the result of a voluntary exposure to avoidable danger. Bean v. Employer’s Liability Corp., 50 Mo. App. 459; Overbeck v. Ins. Co., 93 Mo. App. 453; Glass v. Accident Assn., 112 Fed. 495; Ins. Co. v. Jones, 80 Ga. 541; Follis v. Accident Assn., 94 la. 435; Willard v. Accident Assn., 169 Mass. 288; Smith v. Accident Assn., 104 Mich. 634; Sheblin v. Accident Assn., 94 Wis. 180; Price v. Life and Accident Co., 99 N. W. 887; Small v. Travellers’ Pro.…

1Opinion of the CourtReyburn, J.

— Respondent brought this action upon a general accident policy of insurance issued for the principal sum of $2,000 against bodily injuries sustained through external, violent and accidental means, if death should result from such injuries within ninety days, and in event that loss by actual separation at or above the wrist of the left hand should so result within ninety days, the company to pay the assured one-third of the principal sum, above named. The petition setting forth the terms of the contract of insurance, charged that on the twenty-fourth day of June, 1903, while the policy was in…

2Cases cited4 opinions

  1. Tuttle v. Travellers' InsuranceMassachusetts Supreme Judicial Court · 1883
  2. Corcoran v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
  3. Price v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1904
  4. Bean v. Employers' Liability Assurance Corp.Missouri Court of Appeals · 1892

3Cited by4 opinions

  1. Diddle v. Continental Casualty Co.West Virginia Supreme Court · 1909
  2. Garcelon v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1907
  3. Archibald v. Order of United Commercial TravelersSupreme Judicial Court of Maine · 1918
  4. Christensen v. National Travelers Benefit Ass'nSupreme Court of Iowa · 1923

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