Butero v. Travelers' Accident Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Wash-burn county: A. J. Yinje, Circuit Judge. This was an action brought on a certificate or policy of insurance in the defendant company, issued to Joseph Rutero, the plaintiff’s husband, June 4, 1895, in the sum of $1,000, insuring him against loss of time for injuries, not exceeding-twenty-six weeks, or, if death should result from said injuries alone within ninety days, it promised to pay his wife the sum of $1,000. It was…
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Appeal from a judgment of the circuit court for Wash-burn county: A. J. Yinje, Circuit Judge. This was an action brought on a certificate or policy of insurance in the defendant company, issued to Joseph Rutero, the plaintiff’s husband, June 4, 1895, in the sum of $1,000, insuring him against loss of time for injuries, not exceeding-twenty-six weeks, or, if death should result from said injuries alone within ninety days, it promised to pay his wife the sum of $1,000. It was averred that he received personal injuries which caused his death on the 18th of September, 1895, and that all the…
1Opinion of the CourtPinney, J.
The contract upon which the action is founded is that the insurance provided by it “ does not cover accident or death resulting wholly or partly, directly or indirectly, from . . . intentional injuries, inflicted by the insured or any other person.” In view of the facts in evidence and about which there is really no dispute, the question is *540whether the legal presumption invoked by the plaintiff, that the injuries the deceased received were accidental, or unintentional, is not wholly repelled or overborne by the evidence. The presumption in question properly applies where there is no evidence…
2Cases cited9 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Hutchcraft's Ex'r v. Travelers' InsuranceCourt of Appeals of Kentucky · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- See v. North American Accident InsuranceCalifornia Supreme Court · 1923
- Allen v. Travelers Protective Ass'n of AmericaSupreme Court of Iowa · 1913
- Travelers Protective Ass'n v. FawcettIndiana Court of Appeals · 1914
- Orr v. Travelers InsuranceSupreme Court of Alabama · 1898
- Continental Casualty Co. v. KlingeIndiana Court of Appeals · 1924
11 more not listed; retrieve them via the Exa API.