Matthews v. Travelers' Ins.
Oregon Supreme Court
From Multnomah: Henry E. McGinn. Statement by Mr. Justice Eakin. This is an action by Edward L. Matthews against the Travelers’ Insurance Company, upon an accident policy of insurance. The question involved is whether or not the policy was renewed. Plaintiff suffered an accident by the loss of an eye between December 22d and March 22d. He had obtained an accident policy on June 22d for three months, and renewed it on September 22d for an additional three months.
Read the full summary
From Multnomah: Henry E. McGinn. Statement by Mr. Justice Eakin. This is an action by Edward L. Matthews against the Travelers’ Insurance Company, upon an accident policy of insurance. The question involved is whether or not the policy was renewed. Plaintiff suffered an accident by the loss of an eye between December 22d and March 22d. He had obtained an accident policy on June 22d for three months, and renewed it on September 22d for an additional three months. About December 22d the policy was not renewed, but he contends that the agent, Kavanaugh, agreed that the company would carry the…
1Opinion of the CourtJustice Eakin
1. There was proof offered tending to show the payment of the premium on the policy the same day, but subsequent to the happening of the accident by which plaintiff suffered his injury. There is an insuperable obstacle to the court’s giving any effect to the fact that the premium was paid after the accident. At the time of the payment of the premium — namely, February 13, 1913 — the agent, Kavanaugh, delivered the renewal receipt to the plaintiff, but plaintiff did not communicate to the agent the fact of the injury. He simply phoned the agent to know whether or not the policy was- still in…
2Cited by4 opinions
- Moore v. General Accident, Fire, & Life Assurance Corp.Supreme Court of North Carolina · 1917
- Inter-Ocean Insurance Company v. BanksSupreme Court of Alabama · 1958
- Hartman v. National CouncilOregon Supreme Court · 1915
- Hiatt v. Union Mutual Casualty Co.Supreme Court of Iowa · 1929