Banta v. Continental Casualty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Eon. Jesse A. McDonald, Judge. (1) Insurance policies should be construed in accordance with their plain language. Anable v. Fid. & Cas. Co., 63 Atl.'92; Conway v. Insurance Co., 140 N. Y. 79, 83; Insurance Co. v. Vandecar, 86 Fed. 289; Ripley v. Insurance Co., 16 Wall. 336. (2) The policy constitutes the only relation between the parties and governs their legal rights.
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Appeal from St. Louis City Circuit Court . — Eon. Jesse A. McDonald, Judge. (1) Insurance policies should be construed in accordance with their plain language. Anable v. Fid. & Cas. Co., 63 Atl.'92; Conway v. Insurance Co., 140 N. Y. 79, 83; Insurance Co. v. Vandecar, 86 Fed. 289; Ripley v. Insurance Co., 16 Wall. 336. (2) The policy constitutes the only relation between the parties and governs their legal rights. Lamb' v. Insurance Co., 48 N. Y. Supp. 125; Appleby v. Insurance Co., 54 N. Y. 258; Huston v. Insurance Co., 66 Ohio St. 246; Hull v. Accident Assn., 41 Minn. 231, 234; Insurance…
1Opinion of the CourtGoode, J.
Respondent, while insured by appellant against accidents, fractured his leg in a leap from a trolley car on a cross-country line in Illinois. A collision appeared to be imminent between the car and a threshing machine drawn by a traction engine, along a highway which intersected the railway, and in his alarm respondent, who was seated insidé the car, went to the platform and jumped off. A collision of slight violence occurred and the passengers who remained in the car were unharmed; in fact no one was hurt but respondent, though the conductor, motorman and some other passengers on the car…
2Cases cited18 opinions
- Janneck v. Metropolitan Life InsuranceNew York Court of Appeals · 1900
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
- Travelers' Ins. Co. of Hartford v. RandolphCourt of Appeals for the Sixth Circuit · 1897
- Ætna Life Ins. v. VandecarCourt of Appeals for the Eighth Circuit · 1898
- Northrup v. . the Railway Passenger As. Co.New York Court of Appeals · 1871
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Turner v. Fidelity & Casualty Co.Supreme Court of Missouri · 1918
- Maupin v. Southern Surety Co.Missouri Court of Appeals · 1920
- Aetna Life Insurance v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1913
- Reed v. Travelers InsuranceMissouri Court of Appeals · 1933
- Newbill v. Union Indemnity Co.Missouri Court of Appeals · 1933
1 more not listed; retrieve them via the Exa API.