Dulany v. Fidelity & Casualty Co.
Court of Appeals of Maryland
- Appeal from the Superior Court of Baltimore City (Stock-bridge, J.) The objection that the action was prematurely brought is applied by the defendant only to the plaintiff’s claim for indemnity for hernia. It is admitted that, as his claim for indemnity for consumption was thrown out by the company and all liability therefor denied, the plaintiff had the right to bring suit for that part of his claim immediately. This has always been recognized by the Courts.
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- Appeal from the Superior Court of Baltimore City (Stock-bridge, J.) The objection that the action was prematurely brought is applied by the defendant only to the plaintiff’s claim for indemnity for hernia. It is admitted that, as his claim for indemnity for consumption was thrown out by the company and all liability therefor denied, the plaintiff had the right to bring suit for that part of his claim immediately. This has always been recognized by the Courts. Norwich Trans. Co. v. Ins. Co., 34 Conn. 561; Phillips v. Society, 120 Mich. 145; Hosmer v. Ins. Co., 80 Mo. App. 4x9. And the reason…
1Opinion of the CourtSchmucker, J.
This is an appeal from a judgment of the Superior Court of Baltimore City in favor of the appellee, as defendant below, in a suit on one of its disability policies. The policy of which a copy appears in the record, insures the appellant, to whom it was issued, against disability or death resulting from accident and also against disability resulting from disease.
By the terms of the policy the appellant was entitled to receive from the company $25 per week during a disability, resulting from accident, which totally prevented him from attending to any of the duties of his occupation; but to an…
2Cases cited7 opinions
- Hartford Fire Insurance v. KeatingCourt of Appeals of Maryland · 1897
- New Jersey Mutual Life Insurance v. BakerSupreme Court of the United States · 1877
- Mallette Ex Rel. Thomas v. British American Assurance Co.Court of Appeals of Maryland · 1900
- Phillips v. United States Benevolent SocietyMichigan Supreme Court · 1899
- Bankers' Life Insurance v. MillerCourt of Appeals of Maryland · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Stiegler v. Eureka Life InsuranceCourt of Appeals of Maryland · 1925
- Mutual Life Insurance v. MullanCourt of Appeals of Maryland · 1908
- Metropolitan Life Insurance v. SamisCourt of Appeals of Maryland · 1937
- Loving v. Mutual Life InsuranceCourt of Appeals of Maryland · 1922
- Monumental Life Insurance v. TaylorCourt of Appeals of Maryland · 1964
33 more not listed; retrieve them via the Exa API.