Legal Opinion

Miller v. Interstate Casualty Co. of New York

Superior Court of Pennsylvania

Decided July 25, 1901No. Appeal, No. 35PublishedCited by 1 opinion

Appeal, No. 35, Jan. T., 1901, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1897, No. 785, on verdict for plaintiff in case of John S. Miller v. The Interstate Casualty Company of New York. Assumpsit upon a policy of accident insurance. Before Edwards, J. The facts appear by the opinion of the Superior Court.

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Appeal, No. 35, Jan. T., 1901, by plaintiff, from judgment of C. P. Lackawanna Co., March T., 1897, No. 785, on verdict for plaintiff in case of John S. Miller v. The Interstate Casualty Company of New York. Assumpsit upon a policy of accident insurance. Before Edwards, J. The facts appear by the opinion of the Superior Court. At the trial the court reserved the following points : 8. It being the undisputed evidence in this case that the injuries complained of here were intentionally inflicted upon the insured by Lee W. Nichols, the measure of the company’s liability is the sum of $20.00, the…

1Opinion of the Court

Opinion by

Rice, P. J.,

In the policy of accident insurance in suit the occupation of the plaintiff was described as “ collector and constable (serving civil writs only).” The policy declared that it was “issued and accepted by the insured subject to the conditions upon the back ” thereof and that “ the terms are not waivable by agents, and any modifications thereof shall not be valid unless indorsed upon the policy by the president, vice president or secretary.” One of the so-called conditions indorsed on the back and made part of the policy was as follows: “ In case of injuries, fatal or…

2Cases cited7 opinions

  1. Thomas & Sons v. Loose, Seaman & Co.Supreme Court of Pennsylvania · 1886
  2. Phillips v. MeilySupreme Court of Pennsylvania · 1884
  3. Spencer v. ColtSupreme Court of Pennsylvania · 1879
  4. Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
  5. Susquehanna Mutual Fire Ins. v. OberholtzerSupreme Court of Pennsylvania · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Miller v. WiseSuperior Court of Pennsylvania · 1907

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