Lemaitre v. National Casualty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo. S. Rassieur, Judge. (1) Policies of accident insurance are, with policies of life insurance, exceptions to the rule that contracts of insurance are contracts of indemnity. 1 Cooley’s Briefs on Insurance, 89. (2) Where there are two inconsistent stipulations covering the same subject-matter, the one general and the other separate and distinct, the latter stipulation will govern, because specific. Northwestern Mut.
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Appeal from St. Louis City Circuit Court. — Hon. Leo. S. Rassieur, Judge. (1) Policies of accident insurance are, with policies of life insurance, exceptions to the rule that contracts of insurance are contracts of indemnity. 1 Cooley’s Briefs on Insurance, 89. (2) Where there are two inconsistent stipulations covering the same subject-matter, the one general and the other separate and distinct, the latter stipulation will govern, because specific. Northwestern Mut. Life Ins. Co. v. Hazel ett, 105 Ind. 212; Mitchell Furniture Co. v. Imperial Fire Ins. Co., 17 Mo. App. 627. (3) Policies of…
1Opinion of the CourtReynolds, P. J.
This is an action on a policy of accident insurance instituted before a justice of the peace. The statement there filed, after formal averments, sets out the issue of the policy about October 21, 1907, and its renewal from time to time, and that it was in force at the time of the accident, it being on consideration of the payment of stated monthly premiums. The obligations assumed by defendant, as contained in clauses A and B of the policy, which clauses are hereinafter set out in full, are averred, and it is averred that about August 2, 1912, the policy being in full force and effect,…
2Cases cited1 opinion
- O'Connor v. St. Louis American League Baseball Co.Missouri Court of Appeals · 1916
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