Fidelity & Casualty Co. v. Meyer
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; I. Appellee can not recover if the death of Louis Meyhr was caused by an injury aggravating a cancer or a cancer aggravating an injury. 78 Atl. 317; 179 Fed. 794, and cases cited; 79 Fed. 423; 133 N. W. 752. 2. The contract was void because of the breach of warranties on the part of insured relative to his mental and physical health.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; I. Appellee can not recover if the death of Louis Meyhr was caused by an injury aggravating a cancer or a cancer aggravating an injury. 78 Atl. 317; 179 Fed. 794, and cases cited; 79 Fed. 423; 133 N. W. 752. 2. The contract was void because of the breach of warranties on the part of insured relative to his mental and physical health. The court should have instructed the jury as requested by appellant to the effect that if Meyer was afflicted with or had a cancerous growth in any part of the chest or abdominal cavity on April 17, 1911,…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover on a policy of accident insurance whereby the defendant undertook to insure “against bodily injuries sustained through accidental means, resulting directly, independently and exclusively of all other causes in death.” There was a recovery below for the full amount of the policy, together with attorney’s fees, etc., and the defendant appealed.
The assured had carried an accident policy in this company continuously for about seventeen years, the policy being renewed from time to time upon the same terms, sometimes a new policy being issued, and at others the renewal…
2Cases cited14 opinions
- 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
- White v. Standard Life & Accident InsuranceSupreme Court of Minnesota · 1905
- Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Kievit v. Loyal Protective Life InsuranceSupreme Court of New Jersey · 1961
- Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
- United States Fidelity & Guaranty Co. v. HoodMississippi Supreme Court · 1920
- Masonic Accident Insurance v. JacksonIndiana Supreme Court · 1929
- Travelers Insurance Co. v. EvistonIndiana Court of Appeals · 1941
85 more not listed; retrieve them via the Exa API.