Estabrooks' Admrs. v. Union Casualty & Surety Co.
Supreme Court of Vermont
General assumpsit on an accident insurance policy. Pleas, the general issue and three special pleas in bar. Replication traversing the pleas. Heard on an agreed statement of facts at the December Term, 1901, Caledonia County, Munson, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted.
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General assumpsit on an accident insurance policy. Pleas, the general issue and three special pleas in bar. Replication traversing the pleas. Heard on an agreed statement of facts at the December Term, 1901, Caledonia County, Munson, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The policy contained a stipulation that if the insured was injured in an occupation classed by the company as more hazardous than the one stated, the liability should be for the amount which the premium would purchase for the increased hazard. The occupation of farmer and farm laborer…
1Opinion of the CourtMunson, J.
The plaintiff was insured as “Proprietor of a grist-mill — supervision only,” an occupation classed as-preferred. The policy provided that in case of an injury received in any occupation or exposure classed as more hazardous than preferred, the insured should recover only such amount as the premium paid would have purchased at the rates fixed for such increased hazard. Among the occupations classed as more hazardous was that of “farmer and farm laborer.”
On the eighth day of July, the plaintiff went to his father’s farm in Danville, to assist temporarily, during the absence or disability of…
2Cases cited4 opinions
- Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
- Curtice v. WestNew York Supreme Court · 1888
- National Accident Society v. TaylorAppellate Court of Illinois · 1891
- Travellers Preferred Accident Ass'n v. KelseyAppellate Court of Illinois · 1892
3Cited by3 opinions
- American Fidelity Co. v. PattyOhio Court of Appeals · 1914
- Central Business Men's Ass'n v. FaithCourt of Appeals for the Eighth Circuit · 1925
- American Fidelity Co. v. PattyOhio Court of Appeals · 1913