Berryman v. Southern Surety Co.
Supreme Court of Missouri
Appeal from Buchanan Ciruit Court.—Hon. Thomas B. Allen, Judge. (1) The insured did not meet death solely through external, violent and accidental means, and the trial court should have so instructed the jury. Taliaferro v. Travellers ’ Prot. Assn., 80 Fed. 368; Lovelace v. Travellers ’ Assn., 126 Mo. 104; Meister v. Assurance Corp., 179 Pac. (Ore.) 913; Hutton v. Ins. Co., 267 111. 267, L. R. A. .1915 E. 127; Price v. Occidental Ins. Co., 147 Pac.
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Appeal from Buchanan Ciruit Court.—Hon. Thomas B. Allen, Judge. (1) The insured did not meet death solely through external, violent and accidental means, and the trial court should have so instructed the jury. Taliaferro v. Travellers ’ Prot. Assn., 80 Fed. 368; Lovelace v. Travellers ’ Assn., 126 Mo. 104; Meister v. Assurance Corp., 179 Pac. (Ore.) 913; Hutton v. Ins. Co., 267 111. 267, L. R. A. .1915 E. 127; Price v. Occidental Ins. Co., 147 Pac. (Caí.) 1175; Casualty Co. v. Curry, 65 So. 852. (2) The policy was not in force at the time of insured’s death, because the first premium had not…
1Opinion of the Court
This action was commenced by plaintiff, as the widow of Johnson E. Berryman, deceased, in the Circuit Court of Buchanan County aforesaid, on December 14, 1916, to recover of above defendant, as beneficiary, on an accident policy, issued by it, insuring said deceased against death and injuries resulting from accident. The cause was defended on the ground that the policy sued on was never in force, because no premium was shown to have been paid prior to the death of deceased; and also on the ground, that death did not result, "directly and exclusively of all other causes, from bodily injury…
2Cases cited13 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Non-Royalty Shoe Co. v. Phoenix Assurance Co.Supreme Court of Missouri · 1919
- Hollis v. State InsuranceSupreme Court of Iowa · 1884
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Hutton v. States Accident InsuranceIllinois Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Marden v. RadfordMissouri Court of Appeals · 1935
- State Ex Rel. Continental Life Insurance v. AllenSupreme Court of Missouri · 1924
- Callahan v. Connecticut General Life InsuranceSupreme Court of Missouri · 1947
- State Ex Rel. Missouri State Life Insurance v. AllenSupreme Court of Missouri · 1922
22 more not listed; retrieve them via the Exa API.