Legal Opinion

Kellog v. California Western States Life Ins. Co.

Utah Supreme Court

Decided January 28, 1949No. 7159PublishedCited by 8 opinions

1Opinion of the Court

PRATT, Chief Justice.

In this action, plaintiff, as widow of the deceased seeks to recover double indemnity under the terms of an insurance policy issued upon the life of the deceased,, the latter having died as the result of post-operative surgical shock. The appropriate phrases of the policy read as follows:

“Upon receipt of due proof * * * that the death of the insured occurred * * * as the result of * * * bodily injury, * * * which is effected exclusively and wholly, by external, violent and accidental means, of which there is a visible contusion or wound on the body * * * and that such…

2Cases cited4 opinions

  1. Handley v. Mutual Life Ins. Co. of New YorkUtah Supreme Court · 1944
  2. Cooper v. New York Life Ins.Supreme Court of Oklahoma · 1947
  3. Tucker v. New York Life Ins. Co.Utah Supreme Court · 1945
  4. Whatcott v. Continental Casualty Co.Utah Supreme Court · 1935

3Cited by8 opinions

  1. Hoffman v. Life Insurance Co. of North AmericaUtah Supreme Court · 1983
  2. Helf v. Chevron U.S.A., Inc.Utah Supreme Court · 2009
  3. NM on Behalf of Caleb v. Daniel E.Utah Supreme Court · 2008
  4. Cincinnati Insurance v. AMSCO WindowsDistrict Court, D. Utah · 2013
  5. Allstate Insurance v. PattersonDistrict Court, D. Utah · 1995

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