Merrill v. Travelers' Insurance Co.
Wisconsin Supreme Court
Appeal from a judgment of the superior court of Douglas .county: Chas. Y. BaRdeeN, Judge. This action was upon two certain policies of accident insurance of $650 each, issued by the defendant to the plaintiff, the material' provisions of which are identical.
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Appeal from a judgment of the superior court of Douglas .county: Chas. Y. BaRdeeN, Judge. This action was upon two certain policies of accident insurance of $650 each, issued by the defendant to the plaintiff, the material' provisions of which are identical. It is .alleged that the’ defendant insured the plaintiff, by occupation a railroad superintendent, October 21, 1890, for the term of twelve months from noon on that day, “ in the sum of twenty-five dollars per week against loss of time not exceeding twenty-six; consecutive weeks, resulting from bodily injury effected during the term of…
1Opinion of the CourtPinuby, J.
The vital question for determination is whether, in the stipulation of the policies insuring' plaintiff against loss of time resulting “ from bodily injury effected during the term of such insurance through external, violent, or accidental means, which should, independently of all other causes, immediately a/nd wholly disable him from transacting any and every kind of business pertaining to his said occupation,” the word “ immediately ” refers to proximity of time with the injury, and is used in the sense of “presently, without lapse of time or material delay,” or whether, as thus used, it…
2Cases cited7 opinions
- Kratzenstein v. Western Assurance Co. of TorontoNew York Court of Appeals · 1889
- United States Mutual Accident Ass'n v. NewmanSupreme Court of Virginia · 1887
- Lockwood v. Middlesex Mutual Assurance Co.Supreme Court of Connecticut · 1880
- Railway Passenger Assurance Co. v. BurwellIndiana Supreme Court · 1873
- Williams v. Preferred Mutual Accident Ass'nSupreme Court of Georgia · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- RTE Corp. v. Maryland Casualty Co.Wisconsin Supreme Court · 1976
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- National Life & Accident Insurance v. O'Brien'sCourt of Appeals of Kentucky · 1913
- United States Casualty Co. v. PerrymanSupreme Court of Alabama · 1919
- Continental Casualty Co. v. OgburnSupreme Court of Alabama · 1911
19 more not listed; retrieve them via the Exa API.