Payne v. Fraternal Accident Ass'n of America
Supreme Court of Iowa
Appeal from, Dallas District Court. — Hon. J. H. Apple-gate, Judge. Plaintiee is the widow of Joe D. Payne, and the beneficiary named in an “accident certificate,” so called, issued by the defendant association to said Joe D. Payne during his lifetime.
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Appeal from, Dallas District Court. — Hon. J. H. Apple-gate, Judge. Plaintiee is the widow of Joe D. Payne, and the beneficiary named in an “accident certificate,” so called, issued by the defendant association to said Joe D. Payne during his lifetime. One of the provisions of such certificate is that in case of the death of the holder by accidental cause the association will pay to the beneficiary named the sum of $2,000. This action is brought upon said certificate to recover said sum, it being alleged that said Payne came to his death by accidental cause, within the meaning thereof. There…
1Opinion of the CourtBishop, C. J.
i. accident meaning of insurance policy defined. The certificate holder resided in Dallas county, this state. It seems that in February, 1900, he had gone for a visit to Fenton, Louisiana, and while there he was killed by being struck and ru»i over by a freight car moving upon a railroad track. One of the defenses relied upon to defeat a recovery is that the death of Payne was not accidental, as defined by the contract in suit. It is the language of the certificate that the injury must occur “through external, violent, and accidental means.” It is conceded that the burden was on the plaintiff…
2Cases cited8 opinions
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Equitable Accident Insurance v. OsbornSupreme Court of Alabama · 1890
- Sutherland v. Standard Life & Accident InsuranceSupreme Court of Iowa · 1893
- Follis v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911
- Schmid v. Indiana Travelers Accident Ass'nIndiana Court of Appeals · 1908
- Davis v. KnightSupreme Court of Iowa · 1948
- Olson v. Southern Surety Co.Supreme Court of Iowa · 1926
14 more not listed; retrieve them via the Exa API.