Clarke v. New Amsterdam Casualty Co.
California Supreme Court
The facts are stated in the opinion of the court. Lilienthal, MeKinstry & Raymond, B. A. Herrington, H. G. Hill and Redman & Alexander for Appellant.
1Opinion of the CourtMelvin, J.
Defendant appeals from a judgment in favor of plaintiff after a trial by jury. Plaintiff, who is the widow of James T. Clarke, deceased, sued as beneficiary named in an accident policy issued to "her husband.
The policy in question provided for the payment to plaintiff of seven thousand five hundred dollars for “loss of life . . . from bodily injuries, . . . which independently of all other causes are effected solely and exclusively by accidental means, ... Nor shall the company be liable for any loss caused or contributed to by illness or disease.”
Mr. Clarke was struck by an automobile while…
2Cases cited12 opinions
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Marks v. ReissingerCalifornia Court of Appeal · 1917
- New Amsterdam Casualty Co. v. ShieldsCourt of Appeals for the Sixth Circuit · 1907
- Ludwig v. Preferred Accident InsuranceSupreme Court of Minnesota · 1911
- Maryland Casualty Co. v. MorrowCourt of Appeals for the Third Circuit · 1914
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3Cited by17 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Ogilvie v. Aetna Life Insurance Co.California Supreme Court · 1922
- Coit v. Jefferson Standard Life InsuranceCalifornia Supreme Court · 1946
- Horton v. Travelers InsuranceCalifornia Court of Appeal · 1920
- Happoldt v. Guardian Life Insurance of AmericaCalifornia Court of Appeal · 1949
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