Standard Life & Accident Insurance v. Schmaltz
Supreme Court of Arkansas
Appeal from Miller Circuit Court, Joel D. Conway,-Judge. The death of the insured, though perhaps accidental, was not from “accidental cause.” The means or cause of his death was not accidental, though the result may have been unforeseen or accidental. 76 N. W. 683; 127 U. S. 661; 75 Wis. 116; 47 N. Y. 52; 144 Mass. 572; 44 Pac. 996; 1 Am. & Eng. Enc. Law, 331; 112 N..Y. 422; S. C. 8 Am. St. Rep'. 763; 80 Mo. 251; 28 S. W. 877; 3 N. E. 818; 1 Am. & Eng. Enc.
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Appeal from Miller Circuit Court, Joel D. Conway,-Judge. The death of the insured, though perhaps accidental, was not from “accidental cause.” The means or cause of his death was not accidental, though the result may have been unforeseen or accidental. 76 N. W. 683; 127 U. S. 661; 75 Wis. 116; 47 N. Y. 52; 144 Mass. 572; 44 Pac. 996; 1 Am. & Eng. Enc. Law, 331; 112 N..Y. 422; S. C. 8 Am. St. Rep'. 763; 80 Mo. 251; 28 S. W. 877; 3 N. E. 818; 1 Am. & Eng. Enc. Law, 291; 23 Fed. 712; 131 U. S. 100; 3 Joyce, Ins. § 2863; 30 S. W. 879; 70 N. W. 460; 154 Mass. 77; 44 Pac. 996; 60 Ai’k. 381; 22 S.…
1Opinion of the CourtBattle, J.
Catherine Schmaltz sued the Standard Life & Accident Insurance Company for the sum of two thousand dollars, upon a policy of insurance against accidents, which was executed by the defendant to her husband, E. Schmaltz, in his lifetime. She alleged in her complaint that the defendant insured her husband, for her benefit, against the loss of life resulting from bodily injuries caused solely by external, violent and accidental means; and that, on the third day of April, 1897, her husband, while engaged in the performance of the duties incident and pertaining to his employment and occupation as a…
2Cases cited3 opinions
- United States Mutual Accident Ass'n v. BarrySupreme Court of the United States · 1889
- Insurance Co. v. BrodieSupreme Court of Arkansas · 1889
- Wilson v. Northwestern Mutual Accident Ass'nSupreme Court of Minnesota · 1893
3Cited by35 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- Lickleider v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1918
- Lehman v. Great Western Accident Ass'nSupreme Court of Iowa · 1911
- Schmid v. Indiana Travelers Accident Ass'nIndiana Court of Appeals · 1908
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