Stillman v. Ætna Life Ins.
District Court, N.D. Iowa
At Law. -Action by Dr. Wayne L. Stillman against the .¿Etna Lift Insurance Company. Judgment for plaintiff. The plaintiff, Dr/ Wayne L. Stillman, a citizen of Iowa, sued the defendant ¿Etna Life Insurance Company, a Connecticut insurance corporation doing business in Iowa, in the district court for Woodbury county, that state, to recover damages for the loss of an eye against which he was insured by two accident policies of a insurance issued by the defendant to him, in each…
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At Law. -Action by Dr. Wayne L. Stillman against the .¿Etna Lift Insurance Company. Judgment for plaintiff. The plaintiff, Dr/ Wayne L. Stillman, a citizen of Iowa, sued the defendant ¿Etna Life Insurance Company, a Connecticut insurance corporation doing business in Iowa, in the district court for Woodbury county, that state, to recover damages for the loss of an eye against which he was insured by two accident policies of a insurance issued by the defendant to him, in each the principal sum of $10,060. The policies differ only in their date. The petition is in two counts. In count 1 a copy…
1Opinion of the CourtReed, District Judge
(after stating the facts as above). The principal defense relied upon by the defendant is that the alleged failure of the plaintiff to answer the questions in the schedule of warranties Nos. 11, 13, and 19, indorsed upon the policies, except as indicated in such answers, invalidates all claims under each of the policies.
[1] There is no dispute that plaintiff on April 14, 1915, while both policies, if valid, were in force, suffered an injury, whereby through *466•external, violent, and accidental means which alone totally destroyed the sight of his left eye, and unless he is barred by some…
2Cases cited12 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
- Continental Life Insurance v. ChamberlainSupreme Court of the United States · 1889
- Goodwin v. Provident Savings Life Assurance Ass'nSupreme Court of Iowa · 1896
- Dunbar v. Phenix Insurance Co. of BrooklynWisconsin Supreme Court · 1888
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3Cited by4 opinions
- Fisette v. Mutual Life Ins. Co.Supreme Court of Louisiana · 1926
- Commercial Ins. Co. of Newark v. BurnquistDistrict Court, N.D. Iowa · 1952
- Newsom v. New York Life Ins.Court of Appeals for the Sixth Circuit · 1932
- St. Paul Reinsurance Co. v. Commercial Financial Corp.District Court, N.D. Iowa · 2001