Legal Opinion

Townsend v. Fidelity & Casualty Co.

Supreme Court of Iowa

Decided December 15, 1913PublishedCited by 20 opinions

Appeal from Polk District Court. — Hon. James P. Hewitt, Judge. Actions at law upon policies of accident insurance. There was in each case a trial to the court without a jury and judgment in each for the intervener. The plaintiffs appeal. As the two cases present similar states of fact and the rights of the parties turn upon the construction to be placed on like clauses in the insurance contract, they have been submitted together and will be disposed of in one opinion.

1Opinion of the CourtWeaver, C. J.

On October 7, 1911, one William T. Sowers, then residing at Des Moines, Iowa, was accidentally shot, and from the injury so received he died on October 9, *7151911. At the time of his injury and death he held two valid policies of accident insurance issued to him by the defendant herein, each of which policies provided for payment to the beneficiary therein named of a death benefit in the sum of $5,000. He was an unmarried man and in the first policy known in the record as No. 4,370,676 his brother James M. Sowers was named as beneficiary, while the other policy, No. 4,406,470, was made…

2Cases cited5 opinions

  1. Stephenson v. StephensonSupreme Court of Iowa · 1884
  2. Carpenter v. KnappSupreme Court of Iowa · 1897
  3. Hirschl v. ClarkSupreme Court of Iowa · 1890
  4. Modern Woodmen of America v. LittleSupreme Court of Iowa · 1901
  5. Brinsmaid v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1911

3Cited by20 opinions

  1. Cronbach v. Aetna Life Ins. Co.Tennessee Supreme Court · 1925
  2. Farmers State Bank v. KelleySupreme Court of Georgia · 1923
  3. Thomas v. Locomotive Engineers' Mutual Life & Accident InsuranceSupreme Court of Iowa · 1921
  4. Miller v. MillerSupreme Court of Iowa · 1925
  5. Hicks v. Northwestern Mutual Life InsuranceSupreme Court of Iowa · 1914

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