Legal Opinion

Maltais v. Equitable Life Assurance Society of the United States

Supreme Court of New Hampshire

Decided December 5, 1944No. 3489PublishedCited by 20 opinions

1Opinion of the CourtMarble, C. J.

The plaintiff assumed the burden of proving that the decedent’s death was caused by a non-occupational accident or, in other words, by an accident which did not arise out of and in the course of his employment within the meaning of that phrase as used in the policies. Raymond v. Company, 86 N. H. 93; Trepanier v. Insurance Co., 88 N. H. 118, 121. The phrase is common to many workmen’s compensation statutes including our own act (R. L., c. 216).

The policies were obviously designed to afford a workman protec tion (with certain exceptions not here material) in the event of an injury for which…

2Cases cited2 opinions

  1. Matter of Leonbruno v. . Champlain Silk MillsNew York Court of Appeals · 1920
  2. Mascika v. Connecticut Tool & Engineering Co.Supreme Court of Connecticut · 1929

3Cited by20 opinions

  1. Newell v. MoreauSupreme Court of New Hampshire · 1947
  2. Gage v. Connecticut General Life Insurance CompanyMissouri Court of Appeals · 1954
  3. Hill v. Liberty Motor & Engineering Corp.Court of Appeals of Maryland · 1946
  4. Murphy v. Town of AtkinsonSupreme Court of New Hampshire · 1986
  5. McKenzie v. Brixite Manufacturing Co.Supreme Court of New Jersey · 1961

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