Dunham v. Philadelphia Casualty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The policy provided that assured should not “incur any expense other than for imperative surgical relief at the time of an accident. ’ ’ It also provided: “No action shall lie against the company as respects any loss or expense under this policy unless it sahll be brought by the assured himself to reimburse him for loss or expense actually sustained and paid in money by him after trial of the issue or…
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Appeal from St. Louis City Circuit Court. — Hon. J. Hugo Grimm, Judge. (1) The policy provided that assured should not “incur any expense other than for imperative surgical relief at the time of an accident. ’ ’ It also provided: “No action shall lie against the company as respects any loss or expense under this policy unless it sahll be brought by the assured himself to reimburse him for loss or expense actually sustained and paid in money by him after trial of the issue or unless payments shall have been made with the written consent of the company.” These provisions constitute conditions…
1Opinion of the CourtNortoni, J.
This is a suit on a policy of employers’ liability insurance. Plaintiff recovered and defendant prosecutes the appeal.
The principal argument urged for a reversal of the judgment goes to the effect that the amount sued for, though paid out by plaintiff on account of an injury to one of his employees, may not be recovered in this suit on the policy, for the reason the claim was not ascertained after trial of the issue before the payment was made. Though it is clear enough that the policy imposes this as a condition precedent to the right of recovery thereon, it seems, the provision may be…
2Cases cited3 opinions
- Connolly v. BolsterMassachusetts Supreme Judicial Court · 1905
- Allen v. Etna Life Ins.Court of Appeals for the Third Circuit · 1906
- Kelly v. Maryland Casualty Co.Supreme Court of Minnesota · 1903
3Cited by8 opinions
- Compton Heights Laundry Co. v. General Accident, Fire & Life Assurance Corp.Missouri Court of Appeals · 1916
- Witt v. Universal Automobile Ins. Co.Court of Appeals of Texas · 1938
- Alsam Holding Co. v. Consolidated Taxpayers' Mutual InsuranceCity of New York Municipal Court · 1938
- Employers Liability Assurance Corp. v. Manget Bros.Court of Appeals of Georgia · 1932
- Martinez v. Gulf Insurance CompanyNew Mexico Supreme Court · 1961
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