Withers v. Pacific Mutual Life Insurance
Montana Supreme Court
Appeal from District Court, Silver Bow County; J. J, Lynch, Judge. Action by Mary Withers against the Pacific Mutual Life Insurance Company of California. From a judgment for plaintiff ' arid an order denying its motion for a new trial, defendant appeals. There was no evidence of the accidental nature of any injury received by John Withers.
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Appeal from District Court, Silver Bow County; J. J, Lynch, Judge. Action by Mary Withers against the Pacific Mutual Life Insurance Company of California. From a judgment for plaintiff ' arid an order denying its motion for a new trial, defendant appeals. There was no evidence of the accidental nature of any injury received by John Withers. The plaintiff’s whole case rests upon the naked presumption that the injury, if there was an injury, was the result of an accident, while we contend that the evidence rebuts this presumption and shows, if it shows anything, that the shooting was…
1Opinion of the CourtJustice Hurly
This action was brought by the plaintiff as beneficiary in an accident insurance policy issued by the defendant company to John Withers, plaintiff’s son, which policy provided indemnity for loss of life, limb, sight or time by external, violent and accidental means, excluding suicide or attempts *490[1] thereat,- etc. The complaint alleges the execution and delivery of the policy and performance of conditions on the part of the insured, and then alleges that the insured “sustained bodily injury caused solely by external, violent and accidental means, excluding suicide, sane or insane, or any…
2Cases cited17 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Insurance Co. v. BennettTennessee Supreme Court · 1891
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Shepherd v. Midland Mutual Life Ins.Ohio Supreme Court · 1949
- Mutual Life Ins. Co. of New York v. SargentCourt of Appeals for the Fifth Circuit · 1931
- Nichols v. New York Life InsuranceMontana Supreme Court · 1930
- Lewis v. New York Life InsuranceMontana Supreme Court · 1942
- New York Life Ins. Co. v. MurdaughCourt of Appeals for the Fourth Circuit · 1938
7 more not listed; retrieve them via the Exa API.