Legal Opinion

Walter v. People's Health & Accident Insurance

Michigan Supreme Court

Decided February 18, 1913No. Docket No. 137PublishedCited by 1 opinion

Error to superior court of the city of Grand Rapids; Stuart, J. Assumpsit by Carrie M. Walter against the People’s Health & Accident Insurance Company upon a policy of insurance. Judgment for plaintiff. Defendant brings error.

1Opinion of the CourtBird, J.

The plaintiff is the beneficiary of an insurance policy issued by the defendant company, insuring plaintiff’s husband against accidental injuries, sickness, or death. In January, 1910, the insured was killed while walking on the right of way of the Grand Rapids & Indiana Railway Company near the station of Reno. The defendant refused to pay the full insurance, but tendered two-fifths of it, under stipulation “ K ” of its policy, which provides that, in the event of death—

“ Resulting from unnecessary exposure to obvious risk of injury or obvious danger, * * * the limit of the company’s…

2Cases cited5 opinions

  1. Preferred Acc. Ins. v. MuirCourt of Appeals for the Third Circuit · 1904
  2. Johnson v. London Guarantee & Accident Co.Michigan Supreme Court · 1897
  3. Irwin v. Phœnix Accident & Sick Benefit Ass'nMichigan Supreme Court · 1901
  4. Continental Casualty Co. v. JohnsonAppellate Court of Illinois · 1905
  5. Alloway v. General Accident InsuranceSuperior Court of Pennsylvania · 1908

3Cited by1 opinion

  1. Prinsen v. Travelers' Protective Ass'nCourt of Appeals for the Tenth Circuit · 1933

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