Brown v. Fraternal Accident Ass'n of America
Utah Supreme Court
Appeal from the District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff as beneficiary under an accident policy insuring plaintiff’s husband against personal bodily injury. From a judgment for plaintiff defendant appeals. The statute, Compiled Laws of 1888, Sec. 3204 provides for two classes of notices in a summons.
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Appeal from the District Court, Salt Lake County, Hon. A. N. Cherry, Judge. Action by plaintiff as beneficiary under an accident policy insuring plaintiff’s husband against personal bodily injury. From a judgment for plaintiff defendant appeals. The statute, Compiled Laws of 1888, Sec. 3204 provides for two classes of notices in a summons. In an action on a contract to recover money or damages, the notice should be that unless defendant appears, plaintiff will take judgment for the sum demanded in the complaint. In other actions a notice that plaintiff will apply to the court for the relief…
1Opinion of the CourtBartch, J.
The first question presented in the brief of counsel for the appellant is one respecting the service of summons, but in the oral argument it was admitted that respondent’s position on that question is correct, and it will therefore be regarded as eliminated.
The claim in this case is principally resisted by the appellant, upon the ground of a failure of compliance with certain conditions expressed in the insurance policy, as conditions precedent to liability. The paragraph of the policy, under which the most important question arose, reads:
“Written notice shall be given the said association at…
2Cases cited9 opinions
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Howard v. . DalyNew York Court of Appeals · 1875
- Henderson v. Carbondale Coal & Coke Co.Supreme Court of the United States · 1891
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pacific Mutual Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1910
- Missouri State Life Ins. Co. v. Le FevreCourt of Appeals of Texas · 1928
- Levan v. Metropolitan Life Ins. Co.Supreme Court of South Carolina · 1927
- Walker Bank & Trust Co. v. First Security Corp.Utah Supreme Court · 1959
- North American Accident Insurance v. WatsonCourt of Appeals of Georgia · 1909
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