Summers v. Fidelity Mutual Aid Ass'n
Missouri Court of Appeals
Appeal from the Gentry Circuit Court.—Hon. C. A. Anthony, Judge. (1) There is no allegation in the petition that the injuries from which Summers died were incurred by him through external, violent and accidental means; nor are there any facts concerning said injuries alleged from which it can be inferred that the means were external and violent. “An allegation to this effect is essential to support a judgment for plaintiff.” Hester v. Eid. & Cas. Co., 69 Mo.
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Appeal from the Gentry Circuit Court.—Hon. C. A. Anthony, Judge. (1) There is no allegation in the petition that the injuries from which Summers died were incurred by him through external, violent and accidental means; nor are there any facts concerning said injuries alleged from which it can be inferred that the means were external and violent. “An allegation to this effect is essential to support a judgment for plaintiff.” Hester v. Eid. & Cas. Co., 69 Mo. App. loe. cit. 186. (2) The motion for judgment on the pleadings should have been sustained. The reply admits that the certificate had…
1Opinion of the CourtEllison, J.
^Plaintiff’s petition is based on what defendant terms a certificate of accident insurance, but which plaintiff designates in her petition as an accident policy. Whether it be one or the other is of no consequence, since it contains the contract of insurance upon which plaintiff relies, for recovery and upon which defendant relies for defense. The judgment below was for plaintiff.
The defendant is a corporation of the state of California, and is doing business in this state under our laws.
1. The policy insured deceased against such bodily injuries of which there shall be visible marks upon the…
2Cases cited11 opinions
- Cravens v. New York Life InsuranceSupreme Court of Missouri · 1899
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Grace v. NesbittSupreme Court of Missouri · 1891
- Horton v. New York Life InsuranceSupreme Court of Missouri · 1899
- Karnes v. American Fire InsuranceSupreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Pendell v. Westland Life InsuranceCalifornia Court of Appeal · 1950
- Young v. Railway Mail Ass'nMissouri Court of Appeals · 1907
- Berry v. United Commercial Travelers of AmericaSupreme Court of Iowa · 1915
- Eicks v. Fidelity & Casualty Co.Supreme Court of Missouri · 1923
10 more not listed; retrieve them via the Exa API.