Allen v. Travelers Protective Ass'n of America
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action upon a certificate of accident insurance issued by the defendant upon the life of John T. Carmody in favor of his wife, Mary E. Carmody, as beneficiary. The action is brought by a trustee for the beneficiary. For the purpose of our discussion, the beneficiary will be referred to as the plaintiff.
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Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Action upon a certificate of accident insurance issued by the defendant upon the life of John T. Carmody in favor of his wife, Mary E. Carmody, as beneficiary. The action is brought by a trustee for the beneficiary. For the purpose of our discussion, the beneficiary will be referred to as the plaintiff. There was a trial to a jury and a verdict and judgment for the plaintiff for the amount of the certificate, with interest. The defendant appeals.
1Opinion of the CourtEvans, J.
The certificate in question provided for accident insurance only. It provided for the payment of $5,000 in case of' the death of the insured by accident. The deceased died from a gunshot wound on August 7, 1909. Such wound was inflicted upon him on May 24, 1909. He received the wound while engaged in an encounter with a burglar in his home at about 1 o’clock in the morning. The following from appellant’s brief is a sufficient preliminary statement of the circumstances attending the inflicting of the injury which resulted in the death of the insured:
That on the 7th day of August, 1909, John…
2Cases cited9 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Hutchcraft's Ex'r v. Travelers' InsuranceCourt of Appeals of Kentucky · 1888
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Railway Officials & Employes Accident Ass'n v. DrummondNebraska Supreme Court · 1898
- Button v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Shepherd v. Midland Mutual Life Ins.Ohio Supreme Court · 1949
- Olson v. Southern Surety Co.Supreme Court of Iowa · 1926
- Johnson Ex Rel. Johnson v. McVickerSupreme Court of Iowa · 1933
- Jacobs v. Loyal Protective InsuranceSupreme Court of Vermont · 1924
- Kansas City Life Ins. Co. v. NipperSupreme Court of Oklahoma · 1935
24 more not listed; retrieve them via the Exa API.