Legal Opinion

Campbell v. Fidelity & Casualty Co.

Court of Appeals of Kentucky

Decided January 25, 1901PublishedCited by 22 opinions

Case 97 — Action on Policy or Accident Insurance APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. POINTS AND AUTHORITIES CITED. 1. Injuries received from external, violent and accidental means. Hutchcraft’.s Extr., v. Travelers Ins. Co., 87 Ky: 300; The Am. Accident Ins. Co.v. Carson., 18 Ky. Law Rep., 308; Omberg v. U. S. Mutual Association, 19 Ky.

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Case 97 — Action on Policy or Accident Insurance APPEAL FROM SHELBY CIRCUIT COURT. Judgment for Defendant and Plaintiff Appeals. POINTS AND AUTHORITIES CITED. 1. Injuries received from external, violent and accidental means. Hutchcraft’.s Extr., v. Travelers Ins. Co., 87 Ky: 300; The Am. Accident Ins. Co.v. Carson., 18 Ky. Law Rep., 308; Omberg v. U. S. Mutual Association, 19 Ky. Law Rep., 462. 2. To he under the influence of intoxicants in the sense of accident insurance, means to be drunk. Joyce on- Insurance, sec. 2612, and cases there cited. Standard L. & A. Ins. Co., Ala., S. C., 1892;…

1Opinion of the Court

Opinion of the court by

JUDGE DuRELLE

Reversing.

Appellee company, in December, 1896, issued to appellant’s husband, Willis B. Campbell, who was then a policeman, a policy by which it insured him for the benefit of appellant in the sum of $1,000 '‘against bodily injuries sustained through external, violent, and accidental means.”

Clause 5 of the policy is as follows: “This insurance does not cover disappearances; war risks; nor voluntary exposure to unnecessary danger; nor injuries, fatal or otherwise; resulting from poison or anything accidentally or otherwise taken, administered, absorbed, or…

2Cases cited11 opinions

  1. Thompson v. Phenix InsuranceSupreme Court of the United States · 1890
  2. Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
  3. National Bank v. Insurance Co.Supreme Court of the United States · 1878
  4. Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
  5. Hutchcraft's Ex'r v. Travelers' InsuranceCourt of Appeals of Kentucky · 1888

6 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Interstate Business Men's Acc. Ass'n of Des Moines v. LesterCourt of Appeals for the Eighth Circuit · 1919
  2. Fidelity & Casualty Co. v. CooperCourt of Appeals of Kentucky · 1910
  3. Aetna Life Insurance v. RustinCourt of Appeals of Kentucky · 1912
  4. Knights of the MacCabees of the World v. JohnsonSupreme Court of Oklahoma · 1917
  5. Mason v. Life Casualty Ins. Co. of TennesseeSupreme Court of Florida · 1949

17 more not listed; retrieve them via the Exa API.

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