Phillips v. Travelers Insurance Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Moses Hartmann, Judge. (1) This insurance policy was an Illinois contract, because each renewal was a new contract. Grocery Co.' v. Fidelity Co., 130 Mo. App. 430; Stokel v. Heywood, 1 Ch. Div. (Law Rep. 1897) 459; Palmer v. Ins Assn., 128 N. E. (111.) 501. (2) The burden was on the plaintiff to prove that death was due to accidental means. Laissig v. Protective Assn., 169 Mo. 272; Brunswick v. Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Moses Hartmann, Judge. (1) This insurance policy was an Illinois contract, because each renewal was a new contract. Grocery Co.' v. Fidelity Co., 130 Mo. App. 430; Stokel v. Heywood, 1 Ch. Div. (Law Rep. 1897) 459; Palmer v. Ins Assn., 128 N. E. (111.) 501. (2) The burden was on the plaintiff to prove that death was due to accidental means. Laissig v. Protective Assn., 169 Mo. 272; Brunswick v. Ins. Co., 213 S. W. (Mo.) 48. (3) The unexpected result of an intended act is not “accidental means.” Riley v. Acc. Assn., 152 .N. W. 617; Acc. Assn. v.…
1Opinion of the CourtDavid E. Blair, J.
This is a suit by the beneficiary on a policy of accident insurance. It is admitted that said policy insured Milton C. Phillips, therein and herein ref erred to as the “insured,” against bodily injuries effected directly and independently of all other causes, through external, violent and accidental means, and that in case of death the principal sum, with accrued accumulations, amounted to $7,500, was in full force and effect at insured’s death and was payable to plaintiff, the respondent here, if she is entitled to recover under the terms thereof. The death of said insured occurred at…
2Cases cited10 opinions
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Hamilton v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Goodes v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- New York Life Insurance v. McNeelyArizona Supreme Court · 1938
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- Gennari v. Prudential Insurance Company of AmericaSupreme Court of Missouri · 1960
- Massachusetts Protective Ass'n v. MouberCourt of Appeals for the Eighth Circuit · 1940
- Equitable Life Assur. Soc. of United States v. GratiotWyoming Supreme Court · 1932
23 more not listed; retrieve them via the Exa API.