Bachman v. Travelers Insurance
Supreme Court of New Hampshire
Assumpsit, on an accident insurance policy issued to the plaintiff. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1915, of the superior court by Pike, C. J. The policy provided for a payment of $50 a week during total disability and $25 a week for twenty-six weeks partial disability, and that proofs of claims’must be furnished at the end of each thirteen weeks.
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Assumpsit, on an accident insurance policy issued to the plaintiff. Trial by jury and verdict for the plaintiff. Transferred from the January term, 1915, of the superior court by Pike, C. J. The policy provided for a payment of $50 a week during total disability and $25 a week for twenty-six weeks partial disability, and that proofs of claims’must be furnished at the end of each thirteen weeks. The verdict is for $50 a week from the date of the accident to the date of the writ, less the sum already paid. The plaintiff was a traveling salesman for wholesale druggists’ supplies, well versed in…
1Opinion of the CourtPeaslee, J.
The main issues of fact between the parties appear to have been whether certain releases signed by the plaintiff were procured through the fraud of the defendant’s adjuster, or while the plaintiff was mentally incapacitated, and the extent of his disability. The exceptions relate to the admission of evidence, the denial of a nonsuit, and instructions to the jury.
I. It appeared that the insurance was solicited, and the policy delivered by one Dumbleton, who collected the premiums, and whose name as agent appeared upon the back of the policy. Plaintiff’s counsel claimed in opening that these…
2Cases cited8 opinions
- Hardy v. MerrillSupreme Court of New Hampshire · 1875
- Cunningham v. C. R. Pease House Furnishing Co.Supreme Court of New Hampshire · 1908
- Conway National Bank v. PeaseSupreme Court of New Hampshire · 1912
- Burnham v. StillingsSupreme Court of New Hampshire · 1911
- Shackett v. BickfordSupreme Court of New Hampshire · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- Fitzgerald v. Globe Indemnity Co. of New YorkCalifornia Court of Appeal · 1927
- Wright v. Prudential Insurance of AmericaCalifornia Court of Appeal · 1938
- Mutual Benefit Health & Accident Ass'n v. BirdSupreme Court of Arkansas · 1932
- Storwick v. Reliance Life InsuranceWashington Supreme Court · 1929
9 more not listed; retrieve them via the Exa API.