Legal Opinion

Logan v. Fidelity & Casualty Co.

Supreme Court of Missouri

Decided November 15, 1898PublishedCited by 65 opinions

Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The suicide clause has no application to accident insurance. By its terms it applies only to life policies. Accident insurance has always been defined by the legislature to be “insurance other than life.” Acts 1869, sec. 1, p. 45; 1 Wag.

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Appeal from Jackson Circuit Court. — Hon. E. L. Scarritt, Judge. (1) The suicide clause has no application to accident insurance. By its terms it applies only to life policies. Accident insurance has always been defined by the legislature to be “insurance other than life.” Acts 1869, sec. 1, p. 45; 1 Wag. Stat. 1870, sec. 1, p. 759; R. S. 1879, sec. 5987; R. S. 1889, sec. 5873. (2) When accident insurance was defined not to be life insurance, provision was made on the same day for the creation of life insurance companies. Acts 1869, p. 25; 1 Wag. Stat., sec. 1, p. 738; R. S. 1879, sec. 5938.…

1Opinion of the CourtRobinson, J.

This is an appeal from a judgment in favor of a beneficiary in a policy issued by the defendant insurance company, containing among others the following provisions:

“If death shall result within ninety days, from such injuries independently of all other causes, the *118company will pay the principal sum of this policy to Mrs. Mary A. Logan, his mother, if'surviving, or in the event of her prior death, to the legal representatives of the assured, (a) or if the loss by actual separation, at or above the wrist or ankle, of both hands, or both feet, or of one hand and one foot, or the irrecoverable…

2Cited by65 opinions

  1. Brunswick v. Standard Accident InsuranceSupreme Court of Missouri · 1919
  2. Aufrichtig v. Columbia National Life InsuranceSupreme Court of Missouri · 1923
  3. Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
  4. McDonald v. Bankers Life Ass'nSupreme Court of Missouri · 1900
  5. Pacific Mut. Life Ins. Co. of California v. ParkerCourt of Appeals for the Fourth Circuit · 1934

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