Bushaw v. Women's Mutual Insurance
New York Supreme Court
Appeal from circuit court, St. Lawrence county. _ Action by William Bushaw against the Women’s Mutual Insurance & Accident Company of America to recover upon a certificate of membership issued by defendant to plaintiff, insuring him against total disability to pursue his occupation from bodily accidental injuries.
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Appeal from circuit court, St. Lawrence county. _ Action by William Bushaw against the Women’s Mutual Insurance & Accident Company of America to recover upon a certificate of membership issued by defendant to plaintiff, insuring him against total disability to pursue his occupation from bodily accidental injuries. The testimony tended to show that the plaintiff received his certificate July 13, 1887, paying five dollars therefor, was injured July 25, 1887, and was disabled for 15 weeks. He recovered at the rate of $20 per week therefor. The defendant resisted recovery upon the grounds…
1Opinion of the CourtLandon, J.
The insurance was effected through a Mr. Fowler, who was agent of the defendant. The question was submitted to the jury whether he was a special or general agent, and we may assume from their verdict that they found he was a general agent. Fowler had received a letter of agency. The original was not produced, but a copy of the blank form was. It recited his powers as follows: “Authority is hereby given to C. L. Fowler to represent the Women’s Insurance & Accident Co. of America as-agent in, [etc.,] for the purpose of procuring members, and to receive the admission fees for memberships.”…
2Cases cited4 opinions
- Whited v. . Germania Fire Ins. Co.New York Court of Appeals · 1879
- Miller v. . Phoenix Mutual Life Ins. Co.New York Court of Appeals · 1887
- Kabok v. Phœnix Mutual Life InsuranceNew York Supreme Court · 1889
- Bentley v. Owego Mut. Ben. Ass'nNew York Supreme Court · 1889
3Cited by2 opinions
- O'Farrell v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1897
- Bernard v. United Life InsuranceNew York Court of Common Pleas · 1895