Order of United Commercial Travelers of America v. Barnes
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. On July 23, 1902, defendant in error was a member in good standing of the Order of United Commercial Travelers of America. One of the objects of the order, as expressed in the by-laws, is “to establish an ‘indemnity fund’ to indemnify its members for total disability or death resulting from accidental means.”
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. On July 23, 1902, defendant in error was a member in good standing of the Order of United Commercial Travelers of America. One of the objects of the order, as expressed in the by-laws, is “to establish an ‘indemnity fund’ to indemnify its members for total disability or death resulting from accidental means.” Section 8 of the by-laws, which it is agreed is binding on the assured, contains this provision: “If said member shall sustain bodily injury by means aforesaid, which shall, independently of all other causes,…
1Opinion of the Court
The opinion of the court was delivered by
* William R. Smith, J.:
The contract for indemnity, entered into between the Order of United Commercial Travelers and the insured, provided that the former should be liable only in the event that a member sustained injury by violent and accidental means *300which should, “independently of all other causes, immediately, wholly and continuously disable and prevent him from the prosecution of any and every kind of business pertaining to his occupation.” It is quite plain that the evidence did not satisfy these conditions of the agreement. It may be conceded…
2Cases cited12 opinions
- Lobdill v. Laboring Men's Mutual Aid Ass'n of ChatfieldSupreme Court of Minnesota · 1897
- Turner v. Fidelity & Casualty Co.Michigan Supreme Court · 1897
- Lyon v. Railway Passenger Assurance Co.Supreme Court of Iowa · 1877
- Williams v. Preferred Mutual Accident Ass'nSupreme Court of Georgia · 1893
- Sims v. StateCourt of Criminal Appeals of Texas · 1900
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3Cited by27 opinions
- Cato v. Ætna Life InsuranceSupreme Court of Georgia · 1927
- Crowe v. Equitable Life Assur. Soc.Supreme Court of Louisiana · 1934
- Rathbun v. Globe Indemnity Co.Nebraska Supreme Court · 1921
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- Central Surety & Insurance v. Industrial CommissionSupreme Court of Colorado · 1928
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