Legal Opinion

Dreher v. Order of United Commercial Travelers of America

Wisconsin Supreme Court

Decided January 11, 1921PublishedCited by 21 opinions

Appeal from a judgment of the 'circuit court for Milwaukee county: W. R. Foley,’ Judge. Action’ on an accident insurance policy to recover death benefits. The defendant is an insurance corporation organized under the laws of Ohio, licensed to do business in Wisconsin and to issue policies of accident insurance.

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Appeal from a judgment of the 'circuit court for Milwaukee county: W. R. Foley,’ Judge. Action’ on an accident insurance policy to recover death benefits. The defendant is an insurance corporation organized under the laws of Ohio, licensed to do business in Wisconsin and to issue policies of accident insurance. On the 31st day of March, 1902, it issued to one Charles Dreher an accident insurance policy or certificate, under and by virtue-of the terras of which the defendant promised to pay to Josephine F. Dreher, the plaintiff, $6,300 in case of the death of the said Charles Dreher caused by…

1Opinion of the CourtOwen, J.

The accident insurance policy or certificate upon which the action is based indemnified deceased “against the results of bodily injury hereinafter mentioned effected through external, violent and accidental means, herein termed the accident, which shall be occasioned by the said accident alone and independent of all other causes.” Plaintiff forwarded to the company .proofs of death on blanks furnished by it, in which it was stated that the death of the deceased was due to “asphyxia, overcome by fumes of running automobile engine.” The company denied liability'-, by reason of the express…

2Cases cited1 opinion

  1. Bucher v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1909

3Cited by21 opinions

  1. Collins v. HandSupreme Court of Pennsylvania · 1968
  2. Vernon v. StashSupreme Court of Pennsylvania · 1987
  3. Ruschetti's CaseMassachusetts Supreme Judicial Court · 1938
  4. Breunig v. American Family InsuranceWisconsin Supreme Court · 1970
  5. McGaw v. WassmannWisconsin Supreme Court · 1953

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