DeLoy v. Travelers Insurance
Supreme Court of Pennsylvania
Appeal No. 224, July T., 1894, by defendant, from judgment of C. P. Lycoming Co., June T., 1893, No. 204, on verdict for plaintiff. Assumpsit on an accident insurance policy for the death of plaintiff’s husband.
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Appeal No. 224, July T., 1894, by defendant, from judgment of C. P. Lycoming Co., June T., 1893, No. 204, on verdict for plaintiff. Assumpsit on an accident insurance policy for the death of plaintiff’s husband. Before Metzger, P. J. The policy in suit, in which plaintiff was named as beneficiary, contained the following clause : “ 5. This insurance does not cover disappearances; nor suicide, sane or insane; nor injuries of which there is no visible mark on the body (the body itself, in case of death, not being deemed such mark) ; nor accident, nor death, nor loss of limb or sight, nor…
1Opinion of the Court
Opinion by
Mb. Chief Justice Stebbett,
This action was brought on a life insurance policy issued by the defendant company to Francis DeLoy, husband of the plaintiff,—beneficiary therein named,—to recover indemnity for the accidental death of said assured.
The policy contains eight provisions relieving the company from liability, the fifth of which recites thirty-one different kinds of accident for which it is declared the company shall not be liable. Among these exemptions are the two following which practically constitute the only grounds of defense on which the defendant relies:(1) “ Voluntary…
2Cases cited3 opinions
- Schneider v. Provident Life InsuranceWisconsin Supreme Court · 1869
- Providence Life Insurance & Investment Co. v. MartinCourt of Appeals of Maryland · 1870
- Burkhard v. Travellers' Insurance Co. of HartfordSupreme Court of Pennsylvania · 1883
3Cited by13 opinions
- Da Rin v. Casualty Co. of AmericaMontana Supreme Court · 1910
- Diddle v. Continental Casualty Co.West Virginia Supreme Court · 1909
- Beard v. Indemnity Insurance Co.West Virginia Supreme Court · 1909
- Conboy v. Railway Officials & Employes' Accident Ass'nIndiana Court of Appeals · 1897
- McClure v. Great Western Accident Ass'nSupreme Court of Iowa · 1908
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