Legal Opinion

MacArthur v. United States Health & Accident Insurance

Appellate Court of Illinois

Decided November 19, 1909No. Gen. No. 14,626PublishedCited by 2 opinions

Assumpsit. Error to the Municipal Court of Chicago; the Hon. Freeman K. Blake, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1908.

1Opinion of the Court

Mr. Presiding Justice Chytraus

delivered the opinion of the court.

The theory of contract upon which plaintiff, MacArthur, seeks to recover in this case appears to be that the company was insuring him against accident continuously, from the time the policy was issued, for an indefinite period and that premiums were payable monthly, in advance, but that prompt payment of premiums had been waived. If such contract has been shown it must have arisen by estoppel for no such contract is expressed by or can be implied from the writings between the contracting parties.

Plaintiff’s attorneys contend…

2Cases cited5 opinions

  1. Brady v. North Western InsuranceMichigan Supreme Court · 1863
  2. Hartford Fire Insurance v. WalshIllinois Supreme Court · 1870
  3. Continental Insurance v. RuckmanIllinois Supreme Court · 1889
  4. Roberts v. Ætna Life InsuranceIllinois Supreme Court · 1904
  5. Kearney v. Ætna Life Ins.Appellate Court of Illinois · 1903

3Cited by2 opinions

  1. American Auto Guardian, Inc. v. Acuity Mutual InsuranceDistrict Court, N.D. Illinois · 2008
  2. Shatter v. National Life & Accident InsOhio Court of Appeals · 1935

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