Poole v. Massachusetts Mutual Accident Ass'n
Supreme Court of Vermont
General assumpsit on an accident insurance policy. Pleas, the general issue and payment. - Trial by jury at the June Term, 1901, Caledonia County, Tyler, J., presiding. Judgment for the defendant on verdict ordered. The plaintiff excepted. It was error to- order a verdict for the defendant on the ground that the plaintiff was not in the exercise of due diligence.
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General assumpsit on an accident insurance policy. Pleas, the general issue and payment. - Trial by jury at the June Term, 1901, Caledonia County, Tyler, J., presiding. Judgment for the defendant on verdict ordered. The plaintiff excepted. It was error to- order a verdict for the defendant on the ground that the plaintiff was not in the exercise of due diligence. An injury through violent and accidental means having been proved, the burden was on the defendant to show want of due diligence. Freeman v. Travellers Ins. Co., 144 Mass. 572; Badenfield v. Mass. Acc. Asso., 154 Mass. 77; Keene v.…
1Opinion of the CourtMunson, J.
No. 121, Acts of 1896, provides that in actions brought to recover on a fire, life or accident insurance policy, the general counts in assumpsit shall be a sufficient declaration, and that the plea of non-assumpsit shall put in issue only the execution of the policy and the amount of damages sustained. This suit is brought upon an accident policy; the declaration consists of general counts adapted to the cause of action; and the pleas are the general issue and payment. The policy required the insured to use all due diligence for his personal safety and protection, and the defense relied upon…
2Cases cited4 opinions
- Baker v. Sherman & MillerSupreme Court of Vermont · 1901
- Chaffee v. Rutland RailroadSupreme Court of Vermont · 1899
- Allen v. FullerSupreme Court of Vermont · 1838
- Walker v. HitchcockSupreme Court of Vermont · 1847
3Cited by13 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
- Gage v. Union Mutual Fire Insurance CompanySupreme Court of Vermont · 1961
- Dernier v. Rutland Railway, Light & Power Co.Supreme Court of Vermont · 1920
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