Legal Opinion · Concurrence

Kellogg v. Iowa State Traveling Men's Ass'n

Supreme Court of Iowa

Decided November 11, 1947No. 47056Published

1ConcurrenceMulroNEy, J.

(specially concurring) — 1 concur in the majority opinion but would like to add the following:

The authorities seem to agree that the two provisions in an ordinary life insurance policy, with double indemnity in case of accidental death, are separable and the beneficiary can accept the amount due upon death and not be foreclosed from recovering the added amount due upon proof of accidental death. I think the same rule should apply in this case for I feel this is a policy of insurance on life with two clauses for payments of different benefits based on the cause of death of the insured.

The rule…

2Cases cited9 opinions

  1. Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
  2. Gatzweiler v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1908
  3. Johnson v. Fidelity & Casualty Co.Michigan Supreme Court · 1915
  4. American Life Ins. Co. v. WilliamsSupreme Court of Alabama · 1937
  5. Zimmer v. Central Accident InsuranceSupreme Court of Pennsylvania · 1904

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