Legal Opinion

Holiday v. American Mutual Accident Ass'n

Supreme Court of Iowa

Decided October 13, 1897PublishedCited by 23 opinions

Appeal from, Des Moines District Court. — Hon. James D. Smyth, Judge. 1 The plaintiff became a member of the defendant association on the first day of December, 1894. The association classifies its risks from “AA” to “G.” Those classed as AA are preferred, and the loss of a foot above the ankle entitles the holder of such a certificate to two thousand dollars. Persons admitted to this class are bookkeepers, lawyers, clergymen, artists, etc.

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Appeal from, Des Moines District Court. — Hon. James D. Smyth, Judge. 1 The plaintiff became a member of the defendant association on the first day of December, 1894. The association classifies its risks from “AA” to “G.” Those classed as AA are preferred, and the loss of a foot above the ankle entitles the holder of such a certificate to two thousand dollars. Persons admitted to this class are bookkeepers, lawyers, clergymen, artists, etc. Class AA is for the same persons, but the indemnity is but one-half of that of class AA. Class E includes “hunter or hunting,” and indemnity for the loss…

1Opinion of the CourtGrang-er, J.

2 I. It is first urged that the court erred in directing a verdict for plaintiff, because there was a question' of fact whether the plaintiff, at the time of the injury, was not engaged in a more hazardous occ - pation than the one in which he was insured, being that of a bookkeeper. It appears in the statement that there was an offer to confess judgment for two hundred and ninety-two dollars and fifty cents; and in defendant’s motion to direct a verdict, in one division thereof, it asks the court to direct a verdict for plaintiff for that amount “up to the time of the tender, as set forth in…

2Cases cited3 opinions

  1. Union Mutual Accident Ass'n v. FrohardIllinois Supreme Court · 1890
  2. Knapp v. Preferred Mutual Accident Ass'nNew York Supreme Court · 1889
  3. Aldrich v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1889

3Cited by23 opinions

  1. Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
  2. Ogilvie v. Aetna Life Insurance Co.California Supreme Court · 1922
  3. Scott v. Freeport Motor Casualty Co.Illinois Supreme Court · 1945
  4. Pacific Mutual Life Insurance v. Van FleetSupreme Court of Colorado · 1910
  5. Green v. National Casualty Co.Washington Supreme Court · 1915

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