American Life & Accident Ins. v. Nirdlinger
Mississippi Supreme Court
Appeal from the circuit court of Lauderdale county. Hon. W. W. Venable, Judge. Suit by Elizabeth Nirdlinger against the American Life & Accident Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court, The court erred in granting instruction two as asked for by the plaintiff, appellee herein.
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Appeal from the circuit court of Lauderdale county. Hon. W. W. Venable, Judge. Suit by Elizabeth Nirdlinger against the American Life & Accident Insurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court, The court erred in granting instruction two as asked for by the plaintiff, appellee herein. The contract of Insurance, pages 9 and 10, speaks for itself and by this instruction the jury was excluded from considering the testimony of Dr. Hairston and the testimony of D. Spald-ing who testified that Estivor Autumnal fever was…
1Opinion of the CourtSykes, J.
The appellee filed suit in the circuit court of Lauderdale county against the appellant accident insurance company, *81based upon a health and accident insurance policy issued by the appellant insuring her deceased husband, Charles J. Nirdlinger, and agreeing in said policy to pay him certain amounts a month while sick or disabled. While this policy was in force the insured became ill and died before the institution of this suit. The declaration alleges that the deceased became ill on the 14th day of May, 1914, and was totally disabled from attending to any business up to and including the date…
2Cases cited9 opinions
- Dunning v. Massachusetts Mutual Accident Ass'nSupreme Judicial Court of Maine · 1904
- Hoffman v. Michigan Home & Hospital Ass'nMichigan Supreme Court · 1901
- Scales v. Masonic Protective Ass'nSupreme Court of New Hampshire · 1900
- Cooper v. Phœnix Accident & Sick Benefit Ass'nMichigan Supreme Court · 1905
- Bishop v. United States Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Franklin Life Ins. Co. v. LewisAlabama Court of Appeals · 1951
- Mutual Benefit Health & Accident Ass'n v. MilderNebraska Supreme Court · 1950
- Georgia Casualty Co. v. Cotton Mills Products Co.Mississippi Supreme Court · 1931
- American Bankers' Ins. v. WhiteMississippi Supreme Court · 1935
- Garvin v. Union Mutual Casualty Co.Supreme Court of Iowa · 1928
9 more not listed; retrieve them via the Exa API.