Aetna Life Insurance v. Fitzgerald
Indiana Supreme Court
From Superior Court of Marion County (64,456) ; Vinson Carter,- Judge. Action by Philander H. Fitzgerald against the Aetna Life Insurance Company. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the Court
Gillett, J,
Action by appellee against appellant on an *319accident policy. By the contract the company insured appellee “against loss of business time * * "x' resulting from bodily injuries effected during the term of this insurance through external, violent and accidental means.” The motion for a new trial presents the question as to whether the disability involved was due to an injury within the terms of the policy.
1. It appears from the testimony that on July 31, 1902, appellee, being much fatigued from an extended business trip, retired about 8 o’clock p. m. As he was somewhat restless, he…
2Cases cited15 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Insurance Co. of North America v. BrimIndiana Supreme Court · 1887
- Pickel v. Phenix InsuranceIndiana Supreme Court · 1889
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Terre Haute First National Bank v. Pacific Employers Insurance Co.Indiana Court of Appeals · 1994
- H. P. Hood & Sons v. Maryland Casualty Co.Massachusetts Supreme Judicial Court · 1910
- United States Casualty Co. v. GriffisIndiana Supreme Court · 1916
- Metropolitan Life Insurance v. People's Trust Co.Indiana Supreme Court · 1912
18 more not listed; retrieve them via the Exa API.