Jones v. Hawkeye Commercial Men's Ass'n
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. Action to recover benefits under an accident insurance certificate. The defense was that the death of the insured resulted from a cause which was-excepted from the operation of the insurance certificate, in that the insured died from asphyxiation by gas. The trial court dismissed the .petition, and the plaintiff appeals.
1DissentWeaver, J.
The majority, while conceding that the death of the insured was produced by an accidental cause, deny plaintiff the right to recover, on the sole ground that the insurer is exempt from liability because of certain exceptions embodied in the contract of insurance. It is proper, therefore, at the outset, to look to the law governing an exception in an insurance policy which takes away or neutralizes a right of recovery which, but for such clause, would be indisputable, under the general terms of the contract. It is universally held (or perhaps I should say it was the universal holding until the…
2Cases cited30 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Accident Insurance v. CrandalSupreme Court of the United States · 1887
- Healey v. Mutual Accident Ass'n of the NorthwestIllinois Supreme Court · 1890
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Northwestern Mutual Life Insurance v. HazelettIndiana Supreme Court · 1886
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