Traiser v. Commercial Travellers' Eastern Accident Ass'n
Massachusetts Supreme Judicial Court
Contract upon a certificate of fraternal benefit insurance to recover a death benefit. Writ in the Superior Court for the county of Suffolk dated December 4, 1903. The case was tried before Lawton, J. The facts are stated in the opinion. The jury found for the plaintiff; and the defendant alleged exceptions. ¡ The case was submitted on briefs.
1Opinion of the CourtSheldon, J.
The defendant’s agreement, as stated in the certificate of insurance, was that it would pay- the stipulated amount to the beneficiary appointed under the certificate within ninety days from the receipt by its board of directors “ of proof satisfactory to said board of the death of ” John Gourley, “ and that his death has been caused wholly and entirely by external, violent, and accidental means.” Its liability accordingly did not arise until the presentation of such proof to its board, not only of the death but also of the fact that the cause of the death was that mentioned in this…
2Cases cited27 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Insurance Co. v. RodelSupreme Court of the United States · 1877
- Elliott v. BakerMassachusetts Supreme Judicial Court · 1907
- Hatch v. United States Casualty Co.Massachusetts Supreme Judicial Court · 1908
22 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Fitchburg Savings Bank v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1931
- Commissioner of Corporations & Taxation v. J. G. McCrory Co.Massachusetts Supreme Judicial Court · 1932
- Kasper v. Provident Life Insurance Co.North Dakota Supreme Court · 1979
- Belbas v. New York Life InsuranceMassachusetts Supreme Judicial Court · 1938
- Krantz v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1957
18 more not listed; retrieve them via the Exa API.