Warner v. United States Mutual Accident Ass'n
Utah Supreme Court
Appeal from a judgment of the district court of the third district and from an order refusing to enter judgment in favor of the defendants. The record in this cause came up without a motion being made for a new trial. Judgment was entered on the 28th day of April, 1892, and a bill of exceptions was filed on the- day of July, 1892, and a notice of appeal on the Oth day of August, 1892. The record showed the complaint wherein the policy of insurance was pleaded in hac verla.
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Appeal from a judgment of the district court of the third district and from an order refusing to enter judgment in favor of the defendants. The record in this cause came up without a motion being made for a new trial. Judgment was entered on the 28th day of April, 1892, and a bill of exceptions was filed on the- day of July, 1892, and a notice of appeal on the Oth day of August, 1892. The record showed the complaint wherein the policy of insurance was pleaded in hac verla. The answer denied that the death was accidental, but averred that it was suicidal. As affirmative defense the answer…
1Opinion of the Court
MINER, J.:
This action was brought to recover $5,000 on a policy of insurance issued by the defendant to J. Harley Warner. By the terms of the policy the defendant agreed to pay $5,000 to Warner, or his survivor, if death result from external, violent, and accidental means, but does not extend to cover accidental injuries or death resulting from fighting, suicide, felonious or otherwise, sane or insane. The plaintiff, in his complaint, claims that on March 5, 1891, while this policy was in force, the assured was accidentally shot and killed, the ball passing through *438,his body in the region of…
2Cases cited4 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Richards v. Travelers Insurance Co.California Supreme Court · 1891
- Utter v. Travelers' InsuranceMichigan Supreme Court · 1887
- Larkin v. UptonSupreme Court of the United States · 1892
3Cited by14 opinions
- Wilkinson v. Ætna Life InsuranceIllinois Supreme Court · 1909
- Evans v. Provident Life & Accident InsuranceSupreme Court of Kansas · 1991
- Kascoutas v. Federal Life InsuranceSupreme Court of Iowa · 1921
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Clay v. State Insurance Co.Supreme Court of North Carolina · 1917
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