Thorne v. Casualty Co. of America
Supreme Judicial Court of Maine
On report. Assumpsit on a policy of insurance against accidental injury, brought to recover, a stipulated sum for a surgical operation and the face of the policy for the loss of the sight of the plaintiff’s right eye.
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On report. Assumpsit on a policy of insurance against accidental injury, brought to recover, a stipulated sum for a surgical operation and the face of the policy for the loss of the sight of the plaintiff’s right eye. Plea, the general issue with brief statement as follows : "And for a brief statement of special matter of defense to be used under the general issue above pleaded the said defendant further says that upon the taking and acceptance by plaintiff of the policy of insurance declared on in this action and as a part thereof said plaintiff did specially warrant that he was in sound…
1Opinion of the CourtSpear, J.
This suit is on a policy of insurance against accidental injury. After the issuance of the policy the plaintiff met with an accident resulting in the loss of his right eye. This suit is brought to recover a stipulated sum for a surgical operation and the face of the policy for loss of the eye. The defense is stated as follows: "Defendant resists payment on the ground that plaintiff warranted himself to be in sound condition mentally and physically and without impairment of sight; whereas, in truth and in fact, plaintiff had been deformed from birth as to his right hand and arm, and for more…
2Cases cited4 opinions
- Fox v. Masons' Fraternal Accident Ass'n of AmericaWisconsin Supreme Court · 1897
- Holiday v. American Mutual Accident Ass'nSupreme Court of Iowa · 1897
- Hess v. Preferred Masonic Mutual Accident Ass'nMichigan Supreme Court · 1897
- Berliner v. Travelers' Insurance Co.California Supreme Court · 1898
3Cited by15 opinions
- Williams v. Pacific States Fire Ins. Co.Oregon Supreme Court · 1926
- Miller v. Missouri State Life InsuranceMissouri Court of Appeals · 1913
- Ocean Accident & Guaranty Corporation v. RubinCourt of Appeals for the Ninth Circuit · 1934
- Ebeling v. Bankers' Casualty Co.Montana Supreme Court · 1921
- Berman v. GriggsSupreme Judicial Court of Maine · 1950
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