Mady v. Switchmen's Union of North America
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $600 upon defendant’s certificate of insurance. The answer alleged that on January 17, 1910, the subordinate lodge to which plaintiff belonged applied to defendant for a blank form of proof of injuries sustained by plaintiff; that defendant refused to furnish the same for the reason that the physician’s certificate previously sent to defendant showed that only the small, ring and middle fingers had been amputated;…
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Action in the district court for St. Louis county to recover $600 upon defendant’s certificate of insurance. The answer alleged that on January 17, 1910, the subordinate lodge to which plaintiff belonged applied to defendant for a blank form of proof of injuries sustained by plaintiff; that defendant refused to furnish the same for the reason that the physician’s certificate previously sent to defendant showed that only the small, ring and middle fingers had been amputated; that the physician’s report did not conform to the requirements for total and permanent disability as required by…
1Opinion of the CourtSimpson, J.
The plaintiff, holding a beneficiary certificate in the amount of $600 in the defendant company, a fraternal beneficiary association, brought this action to recover the amount of such certificate, claiming a total- disability. The trial court directed a verdict for the defendant on the ground that the evidence failed to show a total disability, as defined by the laws of the association and the beneficiary certificate. Erom a judgment entered pursuant to such verdict, the plaintiff appeals.
By the certificate issued the defendant agrees to pay, in accordance with the rules and regulations of…
2Cases cited1 opinion
- Turner v. Fidelity & Casualty Co.Michigan Supreme Court · 1897
3Cited by10 opinions
- Moore v. Ætna Life InsuranceOregon Supreme Court · 1915
- Jones v. Continental Casualty Co.Supreme Court of Iowa · 1920
- Kelly v. Brotherhood of Railroad TrainmenIllinois Supreme Court · 1923
- Parrott v. Brotherhood of Railroad TrainmenCourt of Appeals of Texas · 1935
- Jefferson v. Monumental General Ins. Co.Louisiana Court of Appeal · 1991
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