Da Rin v. Casualty Co. of America
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Peter Da Bin, administrator of Joseph Battista Pinazza, against the Casualty Company of America. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.
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Appeal from District Court, Silver Bow County; Jeremiah J. Lynch, Judge. Action by Peter Da Bin, administrator of Joseph Battista Pinazza, against the Casualty Company of America. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. It is a primary law of insurance that notice and proof are not the same, that they cannot- be considered as a combined condition, but are separate and distinct conditions precedent to the right of recovery on a policy where they are set out as such. (2 May on Insurance, 4th ed., see. 461; 4 Joyce' on Insurance, sec. 3286; O’Reilly v.…
1Opinion of the CourtChief Justice Bbantly
Action by the plaintiff, as administrator of Joseph Battista Pinazza, deceased, to recover on a policy of insurance for the death of his intestate, caused by accident. On May 20, 1908, ■one Labek, a miner working underground in a drift in one of the mines of the Boston and- Montana Consolidated Copper and Silver Mining Company (hereafter referred to as the mining ■company), in Silver Bow county, was overcome by gas. Upon discovery of his condition, through the outcry of his companion, Pinazza, with others who were working with him near by, ran to his assistance. Pinazza preceded the rest, and…
2Cases cited13 opinions
- Manufacturers' Accident Indemnity Co. v. DorganCourt of Appeals for the Sixth Circuit · 1893
- O'Reilly v. . Guardian Mutual Life Ins. Co.New York Court of Appeals · 1875
- Schwartz v. ShullWest Virginia Supreme Court · 1898
- Pennsylvania Co. v. RoneyIndiana Supreme Court · 1883
- Schneider v. Provident Life InsuranceWisconsin Supreme Court · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Tuttle v. Pacific Mutual Life InsuranceMontana Supreme Court · 1920
- La Bonte v. Mutual Fire & Lightning InsuranceMontana Supreme Court · 1925
- Brown v. Columbia Amusement Co.Montana Supreme Court · 1931
- Bracey v. Northwestern Improvement Co.Montana Supreme Court · 1910
- Staggers v. United States Fidelity & Guaranty Co.Montana Supreme Court · 1972
17 more not listed; retrieve them via the Exa API.