Jarvis v. Northwestern Mutual Relief Ass'n
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Crawford county: Geo. Clementson, Circuit Judge. Action on an insurance contract to recover a sum stipulated to be paid to the assured in case of an incurable disability rendering him permanently incapacitated to perform any and all manual labor. Proof of the claim was required to be filed with the assurer sixty days before the maturity of the contract.
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Appeal from a judgment of tbe circuit court for Crawford county: Geo. Clementson, Circuit Judge. Action on an insurance contract to recover a sum stipulated to be paid to the assured in case of an incurable disability rendering him permanently incapacitated to perform any and all manual labor. Proof of the claim was required to be filed with the assurer sixty days before the maturity of the contract. The complaint stated all facts requisite to a recovery, alleging, as the cause of the disability, paralysis. The answer put in issue all allegations as to the incurability of plaintiff’s…
1Opinion of the CourtMarshall, J.
Appellant’s assignments of error requiring notice, though five in number and several of them subdivided, may be properly stated as two: (1) Did the court err in granting the amendment to the complaint, alleging other causes for plaintiff’s disability than paralysis ? and (2) Is the finding of fact, on the subject of permanent disability incapacitating plaintiff from performing any manual labor, contrary to the clear preponderance of the evidence ?
The ground of objection to the amendment was that the articles of organization of 'the company barred all claims for benefits not filed in writing…
2Cases cited5 opinions
- Insurance Co. v. RodelSupreme Court of the United States · 1877
- B.L., T. S.D. Co. v. . K.T. M.M.A. Assn.New York Court of Appeals · 1891
- Connecticut Mutual Life Insurance v. SchwenkSupreme Court of the United States · 1877
- Parker v. Amazon InsuranceWisconsin Supreme Court · 1874
- Bachmeyer v. Mutual Reserve Fund Life Ass'nWisconsin Supreme Court · 1894
3Cited by16 opinions
- Belbas v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1938
- Halwas v. American Granite Co.Wisconsin Supreme Court · 1909
- O'Neil v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1938
- Fields v. Metropolitan Life InsuranceSupreme Court of Connecticut · 1946
- Zorger v. Prudential Insurance Co. of AmericaAppellate Court of Illinois · 1935
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