Wiest v. United States Health & Accident Insurance
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm} Judge. (1) Where the policy provides for the payment of an indemnity for the loss of one entire hand or foot, or the loss of two entire hands or feet, it is not necessary, in order to recover thereunder, that there should be an actual physical severance of the member from the body.
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm} Judge. (1) Where the policy provides for the payment of an indemnity for the loss of one entire hand or foot, or the loss of two entire hands or feet, it is not necessary, in order to recover thereunder, that there should be an actual physical severance of the member from the body. Any loss which renders it practically useless is sufficient. 1 Cyc. p. 272, and cases cited; 5 Words & Phrases, p. 4236; Sisson v. Sup. Ct. of Honor, 104 Mo. App. 60; Sheanon v. Pac. Mut. Ins. Co., 77 Wis. 618; Lord v. Am. Mut. Acc. Assn., 89 Wis. 19;…
1Opinion of the CourtAllen, J.
— This is a suit upon an accident insurance policy, for the recovery of the “principal sum” of the policy, to-wit, $2,000, for the alleged “loss of one hand” by the assured within the meaning of the contract of insurance. Plaintiff suffered a nonsuit below, and, after unsuccessfully moving to have the same set aside, has appealed to this court.
By the policy sued upon the respondent company, agreed to pay the said principal sum thereof for (among other things) the “loss- of one hand,” sustained by the assured solely through external, violent and accidental means. Immediately following this…
2Cases cited10 opinions
- Mathews v. Modern Woodmen of AmericaSupreme Court of Missouri · 1911
- LaForce v. Williams City Fire InsuranceMissouri Court of Appeals · 1891
- Sheanon v. Pacific Mutual Life InsuranceWisconsin Supreme Court · 1890
- Sisson v. Supreme Court of HonorMissouri Court of Appeals · 1904
- Stix v. Travelers Indemnity Co.Missouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Muse v. Metropolitan Life Ins. Co.Supreme Court of Louisiana · 1939
- State Ex Rel. Security Mutual Life Insurance v. AllenSupreme Court of Missouri · 1924
- James J. Reid v. Life Insurance Company of North America, Inc., a CorporationCourt of Appeals for the Fourth Circuit · 1983
- Life Casualty Ins. Co. v. PeacockSupreme Court of Alabama · 1929
- Continental Casualty Co. v. BowsSupreme Court of Florida · 1916
13 more not listed; retrieve them via the Exa API.