Travelers' Insurance v. Ayers
Appellate Court of Illinois
Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Statement by the Court. The appellant insured against injuries to the person, fatal or otherwise, caused by “external, violent and accidental means.”
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Action of assumpsit. Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Statement by the Court. The appellant insured against injuries to the person, fatal or otherwise, caused by “external, violent and accidental means.” March 15, 1898, appellant issued a policy to John 0. Ayers, a traveling salesman, for the term of three months from noon of March 15, 1898, in the sum of $4,000, to be paid to Mary A. Ayers, his wife, or,, in case of her death, to his executors, administrators or assigns, in the event that, within ninety days, the death of the…
1Opinion of the CourtJustice Adams
We think it plain from,the evidence that John C. Ayers,, the insured, came to his death by external, violent and accidental means, and counsel for appellant do not claim the contrary, but insist that liability is excluded by the terms of the policy. This, too, was the position of the appellant, when proofs of death were furnished to it, as appears from a letter written to appellee’s attorney, by J. It. Lewis, adjuster for appellant, in which the following occurs: “Upon examination of said proofs, I find that the cause of death, as therein; stated, is not covered by said policy, and the…
2Cases cited10 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Travelers' Insurance v. DunlapIllinois Supreme Court · 1896
- Niagara Fire Insurance v. ScammonIllinois Supreme Court · 1881
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3Cited by1 opinion
- Davis v. Midland Casualty Co.Appellate Court of Illinois · 1914