Comstock v. Fraternal Accident Ass'n
Wisconsin Supreme Court
Appeals from a judgment of tbe county court of Winnebago county: 0. D. OlevelaNd, Judge. Action to recover on an accident insurance policy. The •complaint stated two causes of action; one for $25 per week for twenty-seven weeks for disability caused by a fall from a bicycle, and one for $25 per week for twenty-tbree weeks for disability caused by a' fall on a sidewalk, where plaintiff was walking by the aid of a crutch, he not having fully recovered from his first injury.
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Appeals from a judgment of tbe county court of Winnebago county: 0. D. OlevelaNd, Judge. Action to recover on an accident insurance policy. The •complaint stated two causes of action; one for $25 per week for twenty-seven weeks for disability caused by a fall from a bicycle, and one for $25 per week for twenty-tbree weeks for disability caused by a' fall on a sidewalk, where plaintiff was walking by the aid of a crutch, he not having fully recovered from his first injury. The certificate of insurance specified plaintiff’s occupation as proprietor of a chair factory, and office duty. It…
1Opinion of the CourtMa-rht-tat.t., J.
If the plaintiff, because he was made unconscious by the accident depriving him of ability to comply with the condition of his policy as to giving notice to defendant within ten days of the date of such accident, was not required to do so under the terms of the insurance contract, but. permitted to give such notice as soon as ability in that regard was restored, the motion for the direction of a verdict in favor *385of. defendant was properly denied, and.plaintiff was entitled to recover at least tbe sum for which judgment was rendered.
It may safely be admitted that there is some conflict of…
2Cases cited28 opinions
- McNally v. Phœnix InsuranceNew York Court of Appeals · 1893
- Jones v. United StatesSupreme Court of the United States · 1878
- Trippe v. Provident Fund SocietyNew York Court of Appeals · 1893
- Globe Accident Insurance v. GerischIllinois Supreme Court · 1896
- School District No. 1 v. DauchySupreme Court of Connecticut · 1857
23 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Mutual Life Ins. Co. of NY v. JohnsonSupreme Court of the United States · 1934
- Missouri State Life Ins. Co. v. Le FevreCourt of Appeals of Texas · 1928
- Cady v. Fidelity & Casualty Co. of New YorkWisconsin Supreme Court · 1908
- Swann v. Atlantic Life InsuranceSupreme Court of Virginia · 1931
- Rhyne v. Jefferson Standard Life Insurance Co.Supreme Court of North Carolina · 1929
26 more not listed; retrieve them via the Exa API.