Dunn v. Standard Life & Accident Insurance
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. — Hon. William M. Kinsey, Judge. (1) In an action upon a policy of accident insurance the burden is upon the beneficiary to prove that the death of the insured occurred under the circumstances, and was caused in the manner, provided by the policy. The facts must be established which bring the case within the terms and provisions of the policy sued on. Laessig v. T. P. A., 169 Mo. 272, 69 S. W. 469; Norman v. Commercial Travelers, 163 Mo.
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Appeal from St. Louis Circuit Court. — Hon. William M. Kinsey, Judge. (1) In an action upon a policy of accident insurance the burden is upon the beneficiary to prove that the death of the insured occurred under the circumstances, and was caused in the manner, provided by the policy. The facts must be established which bring the case within the terms and provisions of the policy sued on. Laessig v. T. P. A., 169 Mo. 272, 69 S. W. 469; Norman v. Commercial Travelers, 163 Mo. App. 175, 145 S. W. 853; Bathe v. Insurance Co., 152 Mo. App. 87, 132 S. W. 743; Wright v. Commercial Travelers, 188 Mo.…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — We do not think plaintiff made ont a case entitling her to go to the jury.
A consideration of the policy here sued on satisfies ns that the defendant company, the insurer, is liable only in case of the death of the insured, when that death is the result of bodily injuries sustained “directly and independently of all other causes through external, accidental and violent means,” or from the causes set out in the tenth clause of the policy, which we have given in substance. Of these latter it is to be said that they also cover death from external, accidental means or…
2Cases cited4 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Goodes v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1913
- Wright v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1915
- Smith v. Phoenix InsuranceMissouri Court of Appeals · 1914
3Cited by4 opinions
- Pierce v. Homesteaders Life Ass'nSupreme Court of Iowa · 1937
- Maupin v. Southern Surety Co.Missouri Court of Appeals · 1920
- Crist v. Massachusetts Bonding & InsuranceMissouri Court of Appeals · 1926
- Stalion v. Metropolitan Life InsuranceMissouri Court of Appeals · 1938