McDermott v. Hawkeye Commercial Men's Ass'n
Supreme Court of Iowa
Appeal from, Dubuque District Court. — Hon. Robert Bonson, Judge. This is an action at law for weeHy indemnity for an alleged accident by a member against the defendant as an accident insurance association. There was a trial to a jury and verdict, and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtEvans, J.
The accident in question'occurred on March 30, 1910, at Dubuque. That the plaintiff was seriously injured and was disabled for many weeks is not put in dispute under the *545testimony. The defendant’s claim of nonliability is based wholly upon an affirmative defense. The certificate of membership upon which liability is predicated in this case contained the provisions that the defendant “shall not be liable to any member for any. indemnity or benefit for an accident while the said member is in any degree under the influence of intoxicating liquors.” .It was averred by the defendant that at the…
2Cases cited2 opinions
- Kuhlman v. WiebenSupreme Court of Iowa · 1905
- State v. CatherSupreme Court of Iowa · 1903
3Cited by3 opinions
- Headlee v. New York Life InsuranceSouth Dakota Supreme Court · 1943
- State v. JirakCourt of Appeals of Iowa · 1992
- Little v. MaxwellSupreme Court of Iowa · 1918