Zeitler v. National Casualty Co.
Supreme Court of Minnesota
Action in the district court for Washington county to recover $475 upon defendant’s policy of accident insurance. The answer alleged, among other matters, that if plaintiff was totally disabled such disability had been caused by and was the result of locomotor ataxia; that locomotor ataxia is a form of paralysis and a chronic disability • and the alleged disability of plaintiff was not the result of accident.
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Action in the district court for Washington county to recover $475 upon defendant’s policy of accident insurance. The answer alleged, among other matters, that if plaintiff was totally disabled such disability had been caused by and was the result of locomotor ataxia; that locomotor ataxia is a form of paralysis and a chronic disability • and the alleged disability of plaintiff was not the result of accident. It further alleged that if plaintiff’s alleged disability was the result of accidental disability there was no external or visible mark of such injury on his body, and if any such injury…
1Opinion of the Court
Brown, O. J.
Action upon an accident insurance policy in which plaintiff had a verdict and defendant appealed from an order denying its alternative motion for judgment or a new trial.
The facts will be stated in connection with the questions decided. It is contended by appellant: (1) That no cause of action had accrued on the policy at the time the action was commenced and that it was prematurely brought; (2) that the disability of which plaintiff complains was the result of illness and not of accident, and that his recovery should be limited accordingly; (3) that the evidence wholly fails to…
2Cases cited14 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Mee v. Bankers' Life Ass'nSupreme Court of Minnesota · 1897
- Mareck v. Mutual Reserve Fund Life Ass'nSupreme Court of Minnesota · 1895
- Mueller v. Grand Grove United Ancient Order of DruidsSupreme Court of Minnesota · 1897
- Standard Life & Accident Insurance v. DavisSupreme Court of Kansas · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weum v. Mutual Benefit Health & Accident Ass'nSupreme Court of Minnesota · 1952
- Blazek v. North American Life & Casualty Co.Supreme Court of Minnesota · 1957
- Garbush v. Order of United Commercial Travelers of AmericaSupreme Court of Minnesota · 1929
- Jones v. Fidelity & Casualty Co. of New YorkSupreme Court of Minnesota · 1926
- Kearns v. North American Life & Casualty Co.Supreme Court of Minnesota · 1921
4 more not listed; retrieve them via the Exa API.