Binder v. National Masonic Accident Ass'n
Supreme Court of Iowa
Appeal from Pottawatta-mie District Court. — - Hon. O. D. Wheeler, Judge. Suit at law to recover on an accident certificate issued to W. E. Haverstock by the defendant on the 22d day of July, 1898. At about eleven o’clock in the night of July 21, 1901, Mr. Haverstock went into the bath-room in his residence for the purpose of taking his usual nightly bath, and about 30 minutes thereafter, he was, found in the tub in a semiconscious condition.
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Appeal from Pottawatta-mie District Court. — - Hon. O. D. Wheeler, Judge. Suit at law to recover on an accident certificate issued to W. E. Haverstock by the defendant on the 22d day of July, 1898. At about eleven o’clock in the night of July 21, 1901, Mr. Haverstock went into the bath-room in his residence for the purpose of taking his usual nightly bath, and about 30 minutes thereafter, he was, found in the tub in a semiconscious condition. There were bruises on his head and body, his right leg and arm and the right side of his face and tongue were paralyzed, and he was unable to speak. He…
1Opinion of the CourtSherwin, C. J.
1. Permanent total disability: premature action. 'The by-laws of the defendant association provide that: “No benefits shall be due until ninety days after the receipt by the association of complete and satisfactory proofs. And no benefits shall be due until dis-, ability ceases, or the right to benefits has ter- * ° BmiatecL JNo suit shall be brought upon any claim against this association whether disputed or not before sixty days after the presentation to the association of completed satisfactory proofs.” Because of these provisions the appellant contends that this suit was prematurely…
2Cases cited14 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Lehman v. Great Western Accident Ass'nSupreme Court of Iowa · 1911
- Penn v. Standard Life InsuranceSupreme Court of North Carolina · 1912
- Sullivan v. Metropolitan Life InsuranceMontana Supreme Court · 1934
- Penn v. Standard Life & Accidental InsuranceSupreme Court of North Carolina · 1911
25 more not listed; retrieve them via the Exa API.