Tuttle v. Pacific Mutual Life Insurance
Montana Supreme Court
Appeal from District Court, Jefferson County; Joseph C. Smith, Judge. Action by Mattie A. Tuttle against the Pacific Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals. The burden of proof was upon the plaintiff to show not only the disappearance or even the death of the assured, but also that the death was caused by violent, accidental, and external means, independent of any other cause within ninety days of the injury.
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Appeal from District Court, Jefferson County; Joseph C. Smith, Judge. Action by Mattie A. Tuttle against the Pacific Mutual Life Insurance Company. From a judgment for plaintiff, defendant appeals. The burden of proof was upon the plaintiff to show not only the disappearance or even the death of the assured, but also that the death was caused by violent, accidental, and external means, independent of any other cause within ninety days of the injury. The plaintiff must not only show death, but death resulting from accident within the meaning of the policy. (Price v. Occidental Life Ins. Co.,…
1Opinion of the CourtJustice Matthews
This action was brought by plaintiff on an accident policy carried by her son, Ora Tuttle. The ease was' tried to the court sitting without a jury, and resulted in a judgment in favor of the plaintiff for the amount of the policy.
The undisputed facts are as follows: 'In 1908 Ora Tuttle was insured by defendant company “against the effects of bodily injuries sustained during the term of this policy and caused solely by external, violent and accidental means. «= * * And if death shall result from such injuries within ninety days, independent of all other causes, the company will *129pay the…
2Cases cited16 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- Rock v. Travelers' Insurance Co.California Supreme Court · 1916
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Wilkinson v. Ætna Life InsuranceIllinois Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Hyer v. Inter-Insurance Exchange of the Automobile ClubCalifornia Court of Appeal · 1926
- Nichols v. New York Life InsuranceMontana Supreme Court · 1930
- Carey v. GuestMontana Supreme Court · 1927
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- Dalbey v. Equitable L. Assur. Soc. of U.S.Montana Supreme Court · 1937
30 more not listed; retrieve them via the Exa API.