Tozer v. Ocean Accident & Guarantee Corp.
Supreme Court of Minnesota
Action in the district court for Washington county to recover $5,-219.07 upon an employer’s liability insurance policy. From an order Williston, J., overruling a general demurrer to the complaint, defendant appealed.
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Action in the district court for Washington county to recover $5,-219.07 upon an employer’s liability insurance policy. From an order Williston, J., overruling a general demurrer to the complaint, defendant appealed. A provision in a policy of personal accident insurance exempting the company from liability while the insured is engaged in violating the law, is available in defense only where it appears that the unlawful character of the act exerted a direct causative influence on the injury. Conboy v. Railway, 17 Ind. App. 62. In the case cited, and similar cases, the contract expressly…
1Opinion of the CourtLewis, J.
Demurrer to a complaint upon the ground that it does not state facts sufficient to constitute a cause of action.
Appellant company entered into a contract of insurance with respondent whereby it agreed to compensate respondent for any loss from the common-law or statutory liability for damages on account of bodily injuries accidentally suffered by his employees. The contract, which is made a part of the complaint, among other things provided that the corporation would pay the assured, subject to certain conditions : (a) The full amount of such sum for which a settlement might be effected by…
2Cases cited1 opinion
- Davis v. WakeleeSupreme Court of the United States · 1895
3Cited by51 opinions
- Faber v. RoelofsSupreme Court of Minnesota · 1977
- Lunt v. Aetna Life Insurance Co. of HartfordMassachusetts Supreme Judicial Court · 1928
- Peterson v. MaloneySupreme Court of Minnesota · 1930
- Fairbanks Canning Co. v. London Guaranty & Accident Co.Missouri Court of Appeals · 1911
- Raymond Pendleton v. Pan American Fire and Casualty CompanyCourt of Appeals for the Tenth Circuit · 1963
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