Travelers' Insurance v. Dunlap
Illinois Supreme Court
Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. The following is the statement of the case made in the Appellate Court: “This was an action in assumpsit, by appellee, against appellant, upon a policy of accident insurance dated December 2, 1889, and issued by the appellant to William T. Dunlap.
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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. The following is the statement of the case made in the Appellate Court: “This was an action in assumpsit, by appellee, against appellant, upon a policy of accident insurance dated December 2, 1889, and issued by the appellant to William T. Dunlap. The declaration contains two counts, in the first of which the policy is set forth in full. The second count purports to give only the promissory effect of the policy. Three special…
1Opinion of the CourtJustice Carter
It is settled by the judgments below that the death of the insured was caused by accident. Mistaking a bottle of carbolic acid for peppermint, which he wished to take for some ailment, he poured a portion of the acid into a glass of water, drank it, and died from the poison. The only question presented for our decision is, is the appellant exempted from liability on the ground that the insured died from “taking poison,” within the meaning of the policy? Appellant contends that .it is so exempt by the terms of the contract; that the term “taking poison,” as used in the policy and according to…
2Cases cited3 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Niagara Fire Insurance v. ScammonIllinois Supreme Court · 1881
3Cited by44 opinions
- Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923
- Horton v. Travelers InsuranceCalifornia Court of Appeal · 1920
- Klein v. Len H. Darling Co.Michigan Supreme Court · 1922
- Zurich General Accident & Liability Ins. Co. of Zurich v. FlickingerCourt of Appeals for the Fourth Circuit · 1929
- McGlother v. Provident Mut. Acc. Co. of PhiladelphiaCourt of Appeals for the Eighth Circuit · 1898
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