Thayer v. Standard Life & Accident Insurance
Supreme Court of New Hampshire
Assumpsit, on an accident insurance policy. Facts found by the court. The policy insured the plaintiff “ against loss oí time . . . resulting from bodily injuries caused solely ... by external, violent, and accidental means, which shall, independently of all other causes, immediately and wholly disable him from transacting any and every kind of business pertaining to the occupation under which he is insured,” and provided that it should not cover “ any injury, fatal or…
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Assumpsit, on an accident insurance policy. Facts found by the court. The policy insured the plaintiff “ against loss oí time . . . resulting from bodily injuries caused solely ... by external, violent, and accidental means, which shall, independently of all other causes, immediately and wholly disable him from transacting any and every kind of business pertaining to the occupation under which he is insured,” and provided that it should not cover “ any injury, fatal or otherwise, of which there is no visible mark upon the body.” The plaintiff’s shoulder was accidentally injured by a fall,…
1Opinion of the CourtPike, J.
As long as one is in full possession of his mental faculties, he is capable of transacting some parts of his business, whatever it may be, although he is incapable of physical action. If the words “ wholly disable him from transacting any and «very kind of business pertaining to the occupation under which lie is insured,” were to be construed literally, the defendants would be liable in no case unless, by the accident, the insured should lose his life or his reason. Hooper v. Insurance Co., 5 H. & N. 546. It is certain thát neither party intended such a result. It cannot be said, as a matter…
2Cases cited3 opinions
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Western Union Telegraph Co. v. Call Publishing Co.Supreme Court of the United States · 1901
- Pennington v. Pacific Mutual Life InsuranceSupreme Court of Iowa · 1892
3Cited by15 opinions
- Horsfall v. Pacific Mutual Life InsuranceWashington Supreme Court · 1903
- New York Life Ins. Co. v. TorranceSupreme Court of Alabama · 1932
- Lehman v. Great Western Accident Ass'nSupreme Court of Iowa · 1911
- Indiana Life Endowment Co. v. ReedIndiana Supreme Court · 1913
- Fidelity & Casualty Co. v. JoinerCourt of Appeals of Texas · 1915
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