Travellers' Insurance v. McConkey
Supreme Court of the United States
EBEOE TO THE CIECUIT COUET OE THE UNITED STATES EOE THE NOETHEEN DISTEICT OE IQWA: The case, as stated by the court, was as follows: .This is a suit upon what is commonly called an accident .policy of insurance. There was a verdict and judgment against the insurance company for the sum of $5600 and costs. The case is here upon alleged errors of law committed at the trial to the prejudice of the defendant.
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EBEOE TO THE CIECUIT COUET OE THE UNITED STATES EOE THE NOETHEEN DISTEICT OE IQWA: The case, as stated by the court, was as follows: .This is a suit upon what is commonly called an accident .policy of insurance. There was a verdict and judgment against the insurance company for the sum of $5600 and costs. The case is here upon alleged errors of law committed at the trial to the prejudice of the defendant. The policy, by its terms, insures the life of George P. Mc-Conkey, in the sum of five thousand dollars, for the term of twelve months, commencing at noon on the 7th of November, 1882; “ the…
1Opinion of the Court
Mr. Justice Harlan,.after stating the case, delivered the opinion of the court.
There is no escape from the conclusion that, under the issue presented by the general denial in the answer, it was incum"bent upon the plaintiff to show, from all thé evidence, that the death of the insured was the result, not only of external and violent, but of accidental means. The policy provides that the insurance shall not extend to any case of death or personal injury, unless the claimant under the policy establishes, by direct and positive proof, that such death or personal injury was caused by external…
2Cases cited3 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1878
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Reynolds v. . Commerce Fire Ins. Co. of N.Y.New York Court of Appeals · 1872
3Cited by266 opinions
- American Surety Company v. PaulySupreme Court of the United States · 1898
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- New York Life Insurance v. GamerSupreme Court of the United States · 1938
- Ritter v. Mutual Life Ins. Co. of NYSupreme Court of the United States · 1898
- Spruill v. Northwestern Mutual Life InsuranceSupreme Court of North Carolina · 1897
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