Mellen v. United States Health & Accident Insurance
Supreme Court of Vermont
Assumpsit on an accident insurance policy. Plea, the general issue. Trial by jury at the September Term, 1907, Windham County, Haselion, J., presiding.
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Assumpsit on an accident insurance policy. Plea, the general issue. Trial by jury at the September Term, 1907, Windham County, Haselion, J., presiding. At the close of plaintiff’s case defendant moved for a directed verdict for that plaintiff had not given defendant either the “final notice,” or the “preliminary notice” required by the policy; nor had plaintiff fulfilled the requirement of the policy that his attending physician should report plaintiff’s condition every thirty days; and because the court had no original jurisdiction, as the amount that plaintiff could recover under the policy…
1Opinion of the CourtPowers, J.
This is an action to recover under an accident policy, and comes here on the plaintiff’s exception to the action of the court below in ordering a verdict for the defendant.
The plaintiff’s evidence tended to show that he suffered an accidental injury of the character specified in the policy on the 31st day of December, 1903; that a few days later, he visited Dr. John F. Butler for professional advice and treatment. That he then showed Dr. Butler his policy, and asked him to notify the company, as he, the plaintiff, could not read or write. That thereupon, the doctor wrote a letter to the…
2Cases cited10 opinions
- Knickerbocker Life Insurance v. PendletonSupreme Court of the United States · 1884
- Hohn v. Inter-State Casualty Co.Michigan Supreme Court · 1897
- Ohio Farmers Insurance v. VogelIndiana Supreme Court · 1906
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- Corkery v. Security Fire InsuranceSupreme Court of Iowa · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Clarke v. Travelers InsuranceSupreme Court of Vermont · 1920
- Cummings v. Conn. Gen. Life Ins. Co.Supreme Court of Vermont · 1930
- General Accident Fire & Life Assurance Corp. v. AzarCourt of Appeals of Georgia · 1961
- Benefit Ass'n of Ry. Employees v. O'GormanCourt of Appeals of Texas · 1946
7 more not listed; retrieve them via the Exa API.