Matthes v. Imperial Accident Ass'n
Supreme Court of Iowa
Appeal from Johnson Disiñct Court. — Hon. M.- J. Wade, Judge. ■ Action on a policy of accident insurance, to recover indemnity for a total disability. The action was in equity, asking an order on the officers to pay the amount claimed out of any funds on hand, and in case .of a deficiency to levy an assessment for the balance due, and for general equitable relief.
Read the full summary
Appeal from Johnson Disiñct Court. — Hon. M.- J. Wade, Judge. ■ Action on a policy of accident insurance, to recover indemnity for a total disability. The action was in equity, asking an order on the officers to pay the amount claimed out of any funds on hand, and in case .of a deficiency to levy an assessment for the balance due, and for general equitable relief. There were various defenses, which will be noticed in the opinion. ' The court rendered judgment for plaintiff, and ordered it paid “out of any fund in the hands of the defendant company or its officers,!’ and further ordered that…
1Opinion of the CourtWaterman, J.
1 2 Plaintiff was injured while attempting to get some pigeons from the cupola of a bam. lie was in a rope sling that moved by means of a truck upon the track of a hay carrier some thirty feet above the barn flo'or. As he was moving himself along, something about the truck broke, and he fell to the floor, sustaining injuries which resulted in his total disability for a period of one year, and which will cripple him for life. The articles of incorporation, which the policy recites are a part of the contract, contained a provision that the policy should not cover disability “when caused…
2Cases cited9 opinions
- Davidson v. Old People's Mutual Benefit SocietySupreme Court of Minnesota · 1888
- Sutherland v. Standard Life & Accident InsuranceSupreme Court of Iowa · 1893
- Miller v. Hartford Fire Ins.Supreme Court of Iowa · 1886
- Schmid v. HumphreySupreme Court of Iowa · 1878
- Block v. Valley Mutual InsuranceSupreme Court of Arkansas · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Jordan v. Iowa Mutual Tornado InsuranceSupreme Court of Iowa · 1911
- Schmid v. Indiana Travelers Accident Ass'nIndiana Court of Appeals · 1908
- Travelers Protective Assn. of America v. PrinsenSupreme Court of the United States · 1934
- Service Life Insurance v. McCulloughSupreme Court of Iowa · 1944
- Brush v. Washington National InsuranceSupreme Court of Iowa · 1941
12 more not listed; retrieve them via the Exa API.