Fay v. Ætna Life Insurance
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — Hon. William G. Thomas, Judge. (1) By the terms of the policy the relation of passenger and carrier must have existed to entitle plaintiff to double benefits and tbe insured, having at imminent risk of his life attempted to board this elevated ear after the carrier had closed the door and started the car and after the carrier had thereby signified that no passengers would be accepted, could not thereby make himself a passenger and…
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Appeal from Jackson Circnit Court. — Hon. William G. Thomas, Judge. (1) By the terms of the policy the relation of passenger and carrier must have existed to entitle plaintiff to double benefits and tbe insured, having at imminent risk of his life attempted to board this elevated ear after the carrier had closed the door and started the car and after the carrier had thereby signified that no passengers would be accepted, could not thereby make himself a passenger and plaintiff was not entitled to recover. Schepers v. Depot Co., 126 Mo. App. 665; Mathews v. Metropolitan, 156 Mo. App; 715;…
1Opinion of the CourtGraves, P. J.
— Plaintiff is the widow of William H. Pay, deceased. Defendant issued to Pay an accident insurance policy on January 17, 1907. This policy was for $5000 and issued for one year, but was kept in force to the time of Pay’s accidental death, January 10, 1912, by annual renewals thereof. The policy provided for accumulations, and by a “rider” or subsequent agreement entered into by the company, at the date of Pay’s death the policy would and did amount to $7500.
The policy was payable to plaintiff, and for the accidental death of her husband, she under the terms of the policy as modified by this…
2Cases cited2 opinions
- Keller v. Home Life InsuranceSupreme Court of Missouri · 1906
- Young v. Pennsylvania Fire InsuranceSupreme Court of Missouri · 1916
3Cited by18 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Hawkeye-Security Insurance Company v. Mary Lee Rogers Davis and Norman E. DavisCourt of Appeals for the Eighth Circuit · 1960
- The Western Casualty and Surety Company, a Corporation v. Southwestern Bell, Telephone Company, a CorporationCourt of Appeals for the Eighth Circuit · 1968
- Curtis v. Indemnity Co. of AmericaSupreme Court of Missouri · 1931
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