Keen v. Continental Casualty Co.
Supreme Court of Iowa
Appeal from Pottawattamie District. Court. — Thomas Arthur, Judge. Action at law upon an accident insurance policy for $5,000 issued to William W. Keen, deceased, and payable to him or his wife, Libbie Keen, the plaintiff.
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Appeal from Pottawattamie District. Court. — Thomas Arthur, Judge. Action at law upon an accident insurance policy for $5,000 issued to William W. Keen, deceased, and payable to him or his wife, Libbie Keen, the plaintiff. There was a renewal of the policy, under the terms of which its value was to increase each year $250. At the time of the renewal, the indemnity for death was $6,750. The policy also provided: “In the event that insured, while this policy is in force, shall receive personal, bodily injury, which is effected directly and independently of all other causes, through external,…
1Opinion of the CourtPreston, J.
1. It is necessary that a further brief statement of the record be made. A further provision of the policy is:
*5161. insurance : accident policy: general and tfon°onstruc" “Where accidental injury results in hernia . . . the amount payable shall be one fourth of the amount which otherwise would be payable under this policy, anything m this policy to ^16 contrary notwithstanding, and subject otherwise to all the conditions in this policy contained. ’ ’
In the application by deceased, he stated:
“I have not now nor have I had any infirmity or defect in mind or body. I am not now suffering from hernia…
2Cases cited11 opinions
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Thornton v. Travelers InsuranceSupreme Court of Georgia · 1902
- Meyer v. Fidelity & Casualty Co.Supreme Court of Iowa · 1895
- Delaney v. Modern Accident ClubSupreme Court of Iowa · 1903
- Binder v. National Masonic Accident Ass'nSupreme Court of Iowa · 1905
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Continental Casualty Company v. James A. Jackson and William R. Jackson, by His Brother and Next Friend, James A. JacksonCourt of Appeals for the Eighth Circuit · 1968
- Conrad v. Interstate Life & Accident InsuranceTennessee Supreme Court · 1918
- Hanna v. Interstate Business Men's Accident Ass'nCalifornia Court of Appeal · 1919
- Corsones, Admr. v. Monarch Acc. Ins. Co.Supreme Court of Vermont · 1931
- Foster v. North American Accident InsuranceSupreme Court of Iowa · 1916
1 more not listed; retrieve them via the Exa API.