Loesch v. Union Casualty & Surety Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. - (1) There is no substantial proof that the death of the insured, Frederick Loesch, resulted from accidental means. A presumption must be based upon fact, and not upon inference or upon another presumption. Click v. Railroad, 57 Mo. App. 104; State v. Plass, 58 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. John A. Talty, Judge. - (1) There is no substantial proof that the death of the insured, Frederick Loesch, resulted from accidental means. A presumption must be based upon fact, and not upon inference or upon another presumption. Click v. Railroad, 57 Mo. App. 104; State v. Plass, 58 Mo. App. 152. (2) The holding of the postmortem examination over the body of insured without notifying defendant and giving it opportunity to have its medical adviser present, under the terms of the policy, forfeited all claims thereunder. Wehle v. U. S. Mut. Acc.…
1Opinion of the CourtValliant, J.
Suit on an accident policy insuring Frederick Loesch against loss by bodily injury sustained through externa], violent and accidental means; *659in case of Ms death by that means the defendant agree-ing to pay the plaintiff, Ms mother, $5,000. The petition alleged that the insured in Ms lifetime performed all the conditions of the policy and that while it was in full force on September 26, 1900, he died by reason of bodily injuries received through external, violent and accidental means; that due proof of loss was made to defendant, yet defendant refused to pay, etc.
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2Cases cited3 opinions
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- McFarland v. United States Mutual Accident Ass'nSupreme Court of Missouri · 1894
- Unthank v. Travelers' Ins. Co.U.S. Circuit Court for the District of Indiana · 1869
3Cited by26 opinions
- Ogilvie v. Aetna Life Insurance Co.California Supreme Court · 1922
- Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
- Green v. National Casualty Co.Washington Supreme Court · 1915
- Ebeling v. Bankers' Casualty Co.Montana Supreme Court · 1921
- Ridgeway v. Modern Woodmen of AmericaSupreme Court of Kansas · 1916
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