Legal Opinion

United States Casualty Co. v. Hanson

Colorado Court of Appeals

Decided January 15, 1905No. 2476PublishedCited by 9 opinions

Appeal from the District Court of Arapahoe County.

1Opinion of the CourtGunter, J.

This is an action upon a policy of accident insurance, and resulted in a verdict and judgment for the plaintiff, appellee.

1. Attached, to the policy were numerous conditions which, not satisfied, would defeat a recovery, among them a visible mark of the injury on the body of insured; also the injury must not have been sustained in a wild or uncivilized country.

It is said this action must fail because the injury satisfied neither of these conditions. A breach of such conditions was a matter of defense and could be availed .of only by being specially pleaded. This was not done.

‘ ‘ It would be…

2Cases cited16 opinions

  1. Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
  2. Turner v. Fidelity & Casualty Co.Michigan Supreme Court · 1897
  3. Young v. Travelers InsuranceSupreme Judicial Court of Maine · 1888
  4. United States Mutual Accident Ass'n v. NewmanSupreme Court of Virginia · 1887
  5. Phillips v. United States Benevolent SocietyMichigan Supreme Court · 1899

11 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Hatch v. United States Casualty Co.Massachusetts Supreme Judicial Court · 1908
  2. Watkins v. United States Casualty Co.Tennessee Supreme Court · 1919
  3. Hawthorne v. Protective Ass'n of AmericaSupreme Court of Kansas · 1922
  4. Shafer v. United States Casualty Co.Washington Supreme Court · 1916
  5. Hanon v. Kansas City Life InsuranceAppellate Court of Illinois · 1933

4 more not listed; retrieve them via the Exa API.

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