Phelan v. Travelers' Insurance
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The contract sued on provides in express terms that no claim shall be made under it when the death or injury may have been caused by duelling or fighting, or by intentional injuries inflicted by the insured or any other person, or by voluntary exposure to unnecessary danger. (2) The contract declared on is one which furnish'es indemnity against accidents only. This is expressly stated.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The contract sued on provides in express terms that no claim shall be made under it when the death or injury may have been caused by duelling or fighting, or by intentional injuries inflicted by the insured or any other person, or by voluntary exposure to unnecessary danger. (2) The contract declared on is one which furnish'es indemnity against accidents only. This is expressly stated. Eor a small payment in money, any person, young or old, in feeble health or in good health, is furnished security against accidental…
1Opinion of the Court
Ellison, J. —
This action is based on what is known as an accident insurance policy containing the following provisions or conditions, viz.:
“ The Travelers’ Insurance Company, of Hartford, Connecticut, will indemnify the person insured by this ticket in the sum of fifteen dollars per week against loss of time, not exceeding twenty-six consecutive weeks from the happening of such accident and injury, as shall, independently of all other causes, confine him to the house, and immediately and wholly disable and prevent him from the prosecution of any and every kind of business by reason of bodily…
2Cases cited1 opinion
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
3Cited by14 opinions
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Hutcherson v. Sovereign CampTexas Supreme Court · 1923
- Taliaferro v. Travelers' Protective Ass'n of AmericaCourt of Appeals for the Eighth Circuit · 1897
- Travelers Insurance v. WynessSupreme Court of Georgia · 1899
- Furbush v. Maryland Casualty Co.Michigan Supreme Court · 1902
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