Order of United Commercial Travelers of America v. Barnes
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. On July 23, 1902, defendant in error was a member in good standing of the Order of United Commercial Travelers of America. One of the objects of the order, as expressed in the by-laws, is “to establish an ‘indemnity fund’ to indemnify its members for total disability or death resulting from accidental means.”
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. On July 23, 1902, defendant in error was a member in good standing of the Order of United Commercial Travelers of America. One of the objects of the order, as expressed in the by-laws, is “to establish an ‘indemnity fund’ to indemnify its members for total disability or death resulting from accidental means.” Section 8 of the by-laws, which it is agreed is binding on the assured, contains this provision: “If said member shall sustain bodily injury by means aforesaid, which shall, independently of all other causes,…
1Opinion
OPINION ON REHEARING.
The opinion of the court was delivered by
Porter, J.:
A petition for a rehearing was allowed in this case. Upon reargument and a further consideration of the record it has been thought proper to modify some of the expressions in the former opinion, and to consider some matters omitted therefrom, although the result will remain the same, as the judgment must be reversed and another trial granted.
All that was said in the former opinion in considering the terms “total disability” and “immediately,” and the construction to be placed thereon, with the criticism upon the trial…
2Cases cited10 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Foster v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1898
- Wall v. Continental Casualty Co.Missouri Court of Appeals · 1905
- Fidelity Mutual Life Ass'n v. FicklinCourt of Appeals of Maryland · 1891
- Peoples M. Accident Ass'n v. SmithSupreme Court of Pennsylvania · 1889
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