Tracey v. Standard Accident Insurance
Supreme Judicial Court of Maine
This is an action of assumpsit upon an insurance policy embracing both accident and health indemnity. Plea, the general issue with a brief statement. The case was tried to a jury. At the conclusion of the evidence, by agreement, it was withdrawn from the jury and submitted to the presiding Justice, with right of exception reserved to both parties. The court ruled against the contentions of the defendant and found for the plaintiff. Judgment for amount claimed.
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This is an action of assumpsit upon an insurance policy embracing both accident and health indemnity. Plea, the general issue with a brief statement. The case was tried to a jury. At the conclusion of the evidence, by agreement, it was withdrawn from the jury and submitted to the presiding Justice, with right of exception reserved to both parties. The court ruled against the contentions of the defendant and found for the plaintiff. Judgment for amount claimed. Defendant excepted. Case stated in the opipion.
1Opinion of the CourtSpear, J.
This is an action upon an insurance policy combining the phases, both of accident and health indemnity. On the accident side the plaintiff was classified as “select” and described in his duties and occupation as “office manager, office duties only,” in a business designated as “Lumber.”
On the 30th or 31st day of August, 1917, the plaintiff while riding a motorcycle ran through a swarm of flies or insects, one of which struck his right eye with such force as to give him immediate and continued annoyance and distress, but not sufficient at first to prevent him from the pursuit of his occupation…
2Cases cited2 opinions
- International Travelers' Ass'n v. RogersCourt of Appeals of Texas · 1914
- Miller v. Missouri State Life InsuranceMissouri Court of Appeals · 1913
3Cited by20 opinions
- Continental Casualty Co. v. LinnCourt of Appeals of Kentucky (pre-1976) · 1928
- AAA Pool Service & Supply, Inc. v. Aetna Casualty & Surety Co.Supreme Court of Rhode Island · 1984
- County Forest Products, Inc. v. Green Mountain Agency, Inc.Supreme Judicial Court of Maine · 2000
- Locomotive Engineers Mutual Life & Accident Ass'n v. VandergriffSupreme Court of Arkansas · 1936
- Locomotive Engineers' Mut. Life & Acc. Ins. v. MeeksMississippi Supreme Court · 1930
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