Metropolitan Accident Ass'n v. Froiland
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. Appellee brought suit in the circuit court of Cook county on a certificate of membership issued by appellant, a mutual benefit association, to Herman Martin Froiland, the husband of appellee. The member, Froiland, died from poison which he drank by accident.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Elbridge Hanecy, Judge, presiding. Appellee brought suit in the circuit court of Cook county on a certificate of membership issued by appellant, a mutual benefit association, to Herman Martin Froiland, the husband of appellee. The member, Froiland, died from poison which he drank by accident. Intending to drink distilled water, by mistake he drank chloral instead. His written application for the certificate contained the following: “I agree that this insurance…
1Opinion of the CourtJustice Carter
The principal question in this case is like the one involved in Travelers’ Ins. Co. v. Dunlap, 160 Ill. 642, and it must be controlled by that decision. Instead of using the term “taking poison,” which in that case, as used in the policy, we held to mean the voluntary taking of poison, the application in the case at bar, which was made a part of the insurance contract, contained this provision: “I agree that this insurance shall not be held to extend * * * to poison in any' way taken, administered, absorbed or inhaled.” The principal contention of appellant is, that although it is shown, and…
2Cases cited6 opinions
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Travelers' Insurance v. DunlapIllinois Supreme Court · 1896
- Connecticut Mutual Life Insurance v. AkensSupreme Court of the United States · 1893
- Allemania Fire Insurance v. PeckIllinois Supreme Court · 1890
- Bowden v. BowdenIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923
- Horton v. Travelers InsuranceCalifornia Court of Appeal · 1920
- United States Casualty Co. v. GriffisIndiana Supreme Court · 1916
- Moon v. Order of United Commercial Travelers of AmericaNebraska Supreme Court · 1914
- Republic Life & Accident Insurance v. HatcherCourt of Appeals of Kentucky (pre-1976) · 1932
17 more not listed; retrieve them via the Exa API.