Badenfeld v. Massachusetts Mutual Accident Ass'n
Massachusetts Supreme Judicial Court
Contract, by the administratrix of the estate of Charles Badenfeld, to recover five thousand dollars on a certificate of membership in the defendant association issued to the intestate, who was the husband of the plaintiff.
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Contract, by the administratrix of the estate of Charles Badenfeld, to recover five thousand dollars on a certificate of membership in the defendant association issued to the intestate, who was the husband of the plaintiff. The certificate contained, among other provisions not material, the following: “ In the event said member shall sustain during the continuance of his membership bodily injuries effected through external, violent, and accidental means, within the meaning of the conditions herein recited, and such injuries alone shall have occasioned death within ninety days from the…
1Opinion of the Court
By the Court.
This opinion, prepared by Mr. Justice William Allen, was approved by the court in his lifetime.
The promise of the defendant was to pay a certain sum in the event of the death of the plaintiff’s intestate, occasioned by “ bodily injuries effected through external, violent, and accidental means.”
There are nine provisos in the certificate, the last of which is, that “ no suit or proceeding at law or in equity shall be brought to recover any sum herein, unless the same has been first referred to the arbitration of just and competent men.” It was admitted that there had been no…
2Cases cited2 opinions
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
3Cited by22 opinions
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Murray v. Continental InsuranceMassachusetts Supreme Judicial Court · 1943
- Lever Bros. Co. v. Atlas Assur. Co., Ltd.Court of Appeals for the Seventh Circuit · 1942
- Lewis v. Brotherhood Accident Co.Massachusetts Supreme Judicial Court · 1907
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