Dezell v. Fidelity & Casualty Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How. J. H. Stover, Judge. (1) The trial court erred in overruling plaintiff’s motion for judgment non obstante veredicto, for the reason that on the pleadings and the undisputed evidence there was no issue for submission to the jury, and plaintiff was and is entitled to judgment.
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Appeal from Jackson Circuit Court. — How. J. H. Stover, Judge. (1) The trial court erred in overruling plaintiff’s motion for judgment non obstante veredicto, for the reason that on the pleadings and the undisputed evidence there was no issue for submission to the jury, and plaintiff was and is entitled to judgment. It will be observed from defendant’s amended answer that it places its defense on two grounds, viz.: (a) That the policy had become forfeited by alleged failure to serve the company7 with notice and proof of death; (b) that the plaintiff’s accident was not covered by the policy,…
1Opinion of the CourtValliant, J.
Defendant an accident insurance company, iss.ued its policy March 24, 1891, insuring the life of James Dezell against “bodily injuries sustained through external, violent and accidental means ’ ’ in the sum of $5,000 payable to his wife, the plaintiff in this suit. It was stipulated in the policy that the insurance did not cover “injuries fatal or otherwise resulting from poison or anything accidentally or otherwise taken, administered, absorbed or inhaled,” and further that, “This policy is issued subject to the conditions on the back hereof.” Among the conditions on the back were the…
2Cases cited45 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Omberg v. United States Mutual Accident Ass'nCourt of Appeals of Kentucky · 1897
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3Cited by79 opinions
- Greer v. Zurich Insurance CompanySupreme Court of Missouri · 1969
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Western Casualty & Surety Co. v. ColemanCourt of Appeals for the Eighth Circuit · 1950
- Brown v. Continental Casualty Co.Supreme Court of Louisiana · 1926
- State Farm Mutual Automobile Insurance v. CassinelliNevada Supreme Court · 1950
74 more not listed; retrieve them via the Exa API.