Burkheiser v. Mutual Accid. Ass'n of Northwest
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois. Assumpsit by Mary Burkheiser against the Mutual Accident Association of the Northwest upon an insurance policy on the life of plaintiff’s husband. Defendant obtained judgment. Plaintiff brings error.
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In Error to the Circuit Court of the United States for the Northern District of Illinois. Assumpsit by Mary Burkheiser against the Mutual Accident Association of the Northwest upon an insurance policy on the life of plaintiff’s husband. Defendant obtained judgment. Plaintiff brings error. George Burkheiser, the husband of the plaintiff, was insured by the defendant under its certain policy or certificate of insurance dated October 4, 1890, “against personal bodily injuries effected during the continuance of membership in this insurance through external, violent and accidental means.” By the…
1Opinion of the CourtJenkins, Circuit Judge
(after stating tbe facts). The correctness of the ruling is dependent upon the proper construction to be given to tbe contract of insurance in question. If liability for an accidental injury came to an end when Mr. Burkheiser, by reason of default in payment of tbe assessment, ceased, to be a member of tbe association, the instruction was correct. If, however, liability for an accident occurring during the membership in tbe association continued, notwithstanding tbe cessation of membership after the accident, then the instruction was wrong, and the court should have directed a verdict for the…
2Cases cited6 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Moulor v. American Life InsuranceSupreme Court of the United States · 1884
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Klein v. Insurance Co.Supreme Court of the United States · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wall v. Pennsylvania Life Insurance Co.North Dakota Supreme Court · 1979
- Fireman's Fund Ins. v. Globe Nav. Co.Court of Appeals for the Ninth Circuit · 1916
- Gotfredson v. German Commercial Accident Co.Court of Appeals for the Sixth Circuit · 1914
- Railway Mail Ass'n v. DentCourt of Appeals for the Eighth Circuit · 1914
- Simmons v. Western Indemnity Co.Court of Appeals of Texas · 1919
12 more not listed; retrieve them via the Exa API.