Legal Opinion

Ward's Admr. v. Preferred Accident Insurance

Supreme Court of Vermont

Decided October 5, 1907PublishedCited by 7 opinions

Special Assumpsit on an accident insurance policy. Trial by jury at the March Term, 1904, Washington County, Stafford, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.

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Special Assumpsit on an accident insurance policy. Trial by jury at the March Term, 1904, Washington County, Stafford, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. At the close of alb the evidence, defendant moved the court to direct a verdict in its favor for that the evidence did not tend to show that the insured’s death was accidental; because the policy provided that it did not cover injury or death “while or in cónsequence of riding in or upon any locomotive”; because.the policy did not cover accident or death occasioned by “walking or being on the…

1Opinion of the CourtHaselton, J.

This was an action of assumpsit on an accident insurance policy. The declaration set out the policy with the conditions on. the. back thereof. The defendant pleaded the general issue and four special pleas'to which the plaintiff replied. Trial by jury was had. A verdict for the plaintiff was returned and judgment was rendered thereon.

The insurance company by a- policy, which the plaintiff made an exhibit, insured the plaintiff’s intestate as “contractor, office and travelling,” according to the written words of the policy. One S. S. Ballard, the general agent of the company for the county of…

2Cases cited25 opinions

  1. Carlin v. Western Assurance Co. of Toronto, CanadaCourt of Appeals of Maryland · 1882
  2. Carrigan v. Lycoming Fire InsuranceSupreme Court of Vermont · 1881
  3. Mascott v. First National Fire InsuranceSupreme Court of Vermont · 1896
  4. Schofield's Admx. v. Metropolitan Life InsuranceSupreme Court of Vermont · 1906
  5. Collins v. Farmville Insurance & Banking Co.Supreme Court of North Carolina · 1878

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3Cited by7 opinions

  1. Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
  2. Collins v. FoggSupreme Court of Vermont · 1939
  3. Douglass & Varnum v. Village of MorrisvilleSupreme Court of Vermont · 1915
  4. Vermont Shade Roller Co. v. Burlington Traction Co.Supreme Court of Vermont · 1930
  5. International Travellers' Ass'n v. Votaw.Court of Appeals of Texas · 1917

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