Thompson v. Bankers Mutual Casualty Insurance
Supreme Court of Minnesota
Action in the district court for Mower county by a minor to recover $1,500 upon defendant’s accident insurance policy in favor of plaintiff’s father. The answer set up several defenses, one that decedent was violating the law governing the driving of automobiles, another that his injuries were caused by' his intoxication, a third that he was an intemperate person during the life of the policy.
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Action in the district court for Mower county by a minor to recover $1,500 upon defendant’s accident insurance policy in favor of plaintiff’s father. The answer set up several defenses, one that decedent was violating the law governing the driving of automobiles, another that his injuries were caused by' his intoxication, a third that he was an intemperate person during the life of the policy. The case was tried before Quinn, J., who denied defendant’s motion for dismissal of the action, and a jury which returned a verdict for $1,649. Prom an order denying its motion for judgment…
1Opinion of the CourtHallam, J.
On May 19, 1912, the body of Lee Thompson was found lying by the roadside under an overturned automobile which he had been driving. ITe held a policy of accident insurance issued by defendant in which plaintiff was named as beneficiary. Plaintiff brought suit on this policy and recovered a verdict. Defendant appeals.
1. The policy provided that defendant should not be liable for any accidental injuries received by deceased while intoxicated. De*476fendant claims that the evidence conclusively shows that deceased was intoxicated at the time of his death. The story of deceased’s movements on the…
2Cases cited6 opinions
- Miller v. St. Paul City Railway Co.Supreme Court of Minnesota · 1895
- State v. SauerSupreme Court of Minnesota · 1890
- Lockway v. Modern Woodmen of AmericaSupreme Court of Minnesota · 1913
- Webb v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1909
- State v. AdamsonSupreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. WestSupreme Court of Minnesota · 1969
- State v. LapanSupreme Court of Vermont · 1928
- In Re Estate of ForsytheSupreme Court of Minnesota · 1946
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
- Moehlenbrock v. Parke, Davis & Co.Supreme Court of Minnesota · 1918
15 more not listed; retrieve them via the Exa API.