Zimmer v. Central Accident Insurance
Supreme Court of Pennsylvania
Appeal, No. 79, Oct. T., 1901, by defendants, from judgment of O. P. No. 3, Allegheny Co., May T., 1899, No. 228, on verdict for plaintiff in case of L. F. Zimmer v. The Central Accident Insurance Company of Pitts-burg. Assumpsit on a policy of accident insurance. Before McClung, J. The facts are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $3,435. Defendant appealed.
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Appeal, No. 79, Oct. T., 1901, by defendants, from judgment of O. P. No. 3, Allegheny Co., May T., 1899, No. 228, on verdict for plaintiff in case of L. F. Zimmer v. The Central Accident Insurance Company of Pitts-burg. Assumpsit on a policy of accident insurance. Before McClung, J. The facts are stated in the opinion of the Supreme Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $3,435. Defendant appealed. Error assigned among others was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
This suit is on a policy of insurance issued by the Central Accident Insurance Company, of Pittsburg, Pa., to L. F. Zimmer. For accidental injuries not resulting in death certain payments were to be made to the insured; and, in case of death resulting from them, the sum of $3,000 was to be paid to Mrs. L. F. Zimmer, if she should survive him. The policy was issued February 9, 1898, and the insured was accidentally drowned on or about September 15, 1899, while on a passenger boat in Alaska. It is not disputed that the cause of his death was within the terms of the…
Also in this document: Dissent.
2Cases cited8 opinions
- Logan v. Fidelity & Casualty Co.Supreme Court of Missouri · 1898
- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Pickett v. Pacific M. L. Ins., Pennsylvania Court of Common Pleas, Warren County1891
- Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
- Fisher v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1898
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3Cited by15 opinions
- Urian v. Scranton Life Ins. Co.Supreme Court of Pennsylvania · 1932
- Pacific Mut. Life Ins. Co. of California v. ParkerCourt of Appeals for the Fourth Circuit · 1934
- Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
- Provident Life & Accident Ins. v. RimmerTennessee Supreme Court · 1928
- Miller v. Maryland Casualty Co.Court of Appeals for the Third Circuit · 1912
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