Bateman v. Travelers Insurance
Missouri Court of Appeals
Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) The contract sued on, between insurer and insured, contains an express limitation on the liability of defendant. It was agreed between the parties that if injury or death happened to the insured by reason of his voluntarily exposing himself to unnecessary danger, then the defendant should not be liable. The authorities all agree that the insurance company may thus limit its liability to pay. Bean v. Ins.
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Appeal from Greene Circuit Court. — No». James T. Neville, Judge. (1) The contract sued on, between insurer and insured, contains an express limitation on the liability of defendant. It was agreed between the parties that if injury or death happened to the insured by reason of his voluntarily exposing himself to unnecessary danger, then the defendant should not be liable. The authorities all agree that the insurance company may thus limit its liability to pay. Bean v. Ins. Co., 50 Mo. App. 464; 2 May on Insurance (3 Ed.), secs. 530, 531. (2) The question is not a question of negligence, but…
1Opinion of the CourtGoode, J.
— This is an action on an insurance contract. The plaintiff’s deceased son was insured against bodily injury sustained through external violent and accidental means, the indemnity being payable *446to plaintiff in case of her son’s death from a canse covered by the policy. It is conceded the deceased lost his life by an accident sustained through external violence, and the death indemnity is due unless the insurance company is exonerated by the conduct of the deceased just prior to his death having constituted “voluntary exposure to unnecessary danger.” The policy exempted the defendant from…
2Cases cited10 opinions
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Keene v. New England Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1894
- Miller v. Insurance CompanyTennessee Supreme Court · 1893
- Johnson v. London Guarantee & Accident Co.Michigan Supreme Court · 1897
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3Cited by2 opinions
- Callahan v. Connecticut General Life InsuranceSupreme Court of Missouri · 1947
- Dillon v. Continental Casualty Co.Missouri Court of Appeals · 1908