Robinson v. Masonic Protective Ass'n
Supreme Court of Vermont
Assumpsit on an accident insurance policy. Plea, the general issue. Trial by jury at the September Term, 1912, Chittenden County, Taylor, J., presiding. Verdict directed for the defendant, and judgment thereon. The plaintiff excepted.
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Assumpsit on an accident insurance policy. Plea, the general issue. Trial by jury at the September Term, 1912, Chittenden County, Taylor, J., presiding. Verdict directed for the defendant, and judgment thereon. The plaintiff excepted. Plaintiff claimed to recover for total disability, and only under clause “B” of the policy, which is as follows: “In case of accidental injuries which shall result from violent, external and involuntary causes, shall leave external and visible marks of wounds, fracture, or dislocation upon the body of the insured, and shall not cause his death within ninety…
1Opinion of the CourtWatson, J.
The plaintiff • cannot recover under Clause B of the policy, unless the felon on his finger was due to an accidental injury resulting from some violent, external and involuntary cause, leaving external and visible marks of a wound upon the finger, which totally disabled him from the date of the accident. He could not tell when nor that he received an injury to the finger upon which the felon appeared. But there was evidence tending to show that on July 7, 1911, he was working as road commissioner with men and teams drawing gravel and replacing fallen stones in the abutment of a bridge, and…
2Cases cited1 opinion
- Thompson v. Loyal Protective Ass'nMichigan Supreme Court · 1911
3Cited by13 opinions
- Clarke v. Travelers InsuranceSupreme Court of Vermont · 1920
- Kennard v. Travelers Protective Ass'n of AmericaSupreme Court of Virginia · 1931
- Martin v. Travelers Insurance Co.Supreme Court of Missouri · 1925
- Southern Surety Co. v. PenzelSupreme Court of Arkansas · 1924
- Walters v. Mutual Benefit Health & Accident Ass'nSupreme Court of Iowa · 1929
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