Mortensen v. Central Life Assurance Ass'n of the United States
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. A. H. MoVey, Judge. Action on a policy of life insurance, brought by tbe beneficiary named in tbe policy against tbe insurance company, to recover tbe amount due under tbe policy, on account of tbe death of the assured. Tbe defendant alleged that tbe death of tbe assured resulted from a cause 'which was excepted by tbe terms of tbe policy.
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Appeal from Polk District Court.— Hon. A. H. MoVey, Judge. Action on a policy of life insurance, brought by tbe beneficiary named in tbe policy against tbe insurance company, to recover tbe amount due under tbe policy, on account of tbe death of the assured. Tbe defendant alleged that tbe death of tbe assured resulted from a cause 'which was excepted by tbe terms of tbe policy. A demurrer to tbe answer was sustained, and, on failure of defendant to plead further, judgment was rendered in favor of tbe plaintiff for $1,000, with interest and costs. Defendant appeals from this judgment.
1Opinion of the CourtMcClain, J.
In tbe application for tbe policy • on ■which this action was brought, tbe assured stated that bis occupation was “ dealer in pumps and well supplies.” It is set out in tbe answer that tbe assured died within a year after tbe policy was taken, .by reason of an explosion result*278ing during the attempt to blow out a well easing with dynamite, such attempt having been made in the course of his business in selling and handling windmills and pump supplies; and it is alleged that the death of the assured was within an exception to the liability of the company contained in the following paragraph of…
2Cases cited1 opinion
- Holiday v. American Mutual Accident Ass'nSupreme Court of Iowa · 1897
3Cited by6 opinions
- Schwartz v. Northern Life Ins. Co.Court of Appeals for the Ninth Circuit · 1928
- Youngwirth v. State Farm Mutual Automobile InsuranceSupreme Court of Iowa · 1966
- Hexom v. Knights of Maccabees of the WorldSupreme Court of Iowa · 1908
- State v. ErleSupreme Court of Iowa · 1930
- Bauerle v. State Farm Mutual Automobile Insurance Co.North Dakota Supreme Court · 1967
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