Duran v. Standard Life & Accident Ins.
Supreme Court of Vermont
Exceptions from tbe Oity -Court of Burlington, Peck, J. Tbe action was general assumpsit upon two policies of accident insurance. Plea, the general issue. Trial by court. Judgment for the plaintiff. The defendant excepts. The case appears in the opinion. The plaintiff was in violation of the Sunday law, but for which the accident would not have occurred, and cannot by the terms of his policy recover.
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Exceptions from tbe Oity -Court of Burlington, Peck, J. Tbe action was general assumpsit upon two policies of accident insurance. Plea, the general issue. Trial by court. Judgment for the plaintiff. The defendant excepts. The case appears in the opinion. The plaintiff was in violation of the Sunday law, but for which the accident would not have occurred, and cannot by the terms of his policy recover. Day v. Highland St. Bailway Oo., 135 Mass. 113 and cases there cited; Grotty v. Bangor, 57 Me. 423; Baldwm v. Barney, 12 R. I. 392; Plots v. Oity of Oohoes, 89 N. Y. 223; 42 Am. St. Rep. 286;…
1Opinion of the Court
The opinion of the court was delivered by
THOMPSON, J.
This is an action of assumpsit on two policies, -issued by defendant to plaintiff, insuring him against accidental injuries. If the plaintiff has any ground of recovery, its rests wholly on these conti-acts of indemnity. A contract of insurance is to be construed according to its terms and the evident intent of the parties as gathered from the language used. All conditions involving forfeitures, as well as all exemptions, are to be construed strictly against the insurer and most favorably for the insured. Yet the language of the contract is…
2Cases cited9 opinions
- Sutton v. Town of WauwatosaWisconsin Supreme Court · 1871
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Platz v. . the City of CohoesNew York Court of Appeals · 1882
- Mosley v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1882
- Brink & Co. v. Merchants & Mechanics InsuranceSupreme Court of Vermont · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- McCain v. Hartford Live Stock InsuranceSupreme Court of North Carolina · 1925
- Szymanska v. Equitable Life InsuranceSuperior Court of Delaware · 1936
- Noyes v. Order of United Commercial Travelers of AmericaSupreme Court of Vermont · 1965
- McCrary v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1936
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