Fox v. Masons' Fraternal Accident Ass'n of America
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action to recover for a death indemnity on a certificate of insurance issued by the defendant, a mutual accident assurance association.
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Appeal from a judgment of the circuit court for Waupaca county: Chas. M. Webb, Circuit Judge. Action to recover for a death indemnity on a certificate of insurance issued by the defendant, a mutual accident assurance association. G-eorge H. Eox made his application to the association with knowledge of its method of business and of the manual of classification of risks with reference to which all certificates ■ of indemnity were issued, about the 26th day of November, 1888. He was then a station agent eat Mankato, Minnesota. A certificate was duly issued to him upon such application,…
1Opinion of the CourtMaRSiiall, J.
Counsel for the appellant claim that the learned circuit judge erred in not nonsuiting the plaintiff, because the contract of insurance prohibits any suit other than to enforce payment of an award of arbitrators, except upon the refusal of the association to arbitrate. The contract was clearly so worded as to require all questions between the association and the assured to be, at its option, settled by arbitration, and to thereby wholly oust the court of jurisdiction over every part of the subject of liability and the amount thereof as well. On grounds of public policy, all agreements between…
2Cases cited9 opinions
- Hamilton v. Liverpool, London & Globe InsuranceSupreme Court of the United States · 1890
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Reed v. Washington Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1885
- Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
- Hall v. Norwalk Fire InsuranceSupreme Court of Connecticut · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Borgnis v. Falk Co.Wisconsin Supreme Court · 1911
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- State ex rel. Buell v. FrearWisconsin Supreme Court · 1911
- Comstock v. Fraternal Accident Ass'nWisconsin Supreme Court · 1903
- White Eagle Laundry Co. v. SlawekIllinois Supreme Court · 1921
21 more not listed; retrieve them via the Exa API.