Kearns v. North American Life & Casualty Co.
Supreme Court of Minnesota
Action in the district court for Ramsey county to recover $180 upon defendant’s health policy. The case was tried before Olin R. Lewis, L, who when plaintiff rested denied defendant’s motion to dismiss the action, and at the close of the testimony its motion for a directed verdict and a jury which returned a verdict for $193.05. From an order denying its motion foT judgment notwithstanding the verdict or for a new trial, defendant appealed.
1Opinion of the Court
Lees, 0.
Appeal from an order denying defendant’s motion for judgment or a new trial. Plaintiff sued on a policy insuring her against the results of accidental injuries and sickness from disease, providing for the payment of $30 a month for temporary total disability resulting from sickpess, and calling for the payment of an annual premium of $13 in monthly instalments, payable in advance, either at defendant’s home office or to an authorized collector.
As defenses the answer alleged that plaintiff fathed to pay the premium due May 35,1919, and the policy thereupon lapsed; that defendant never…
2Cases cited5 opinions
- Johnson v. Bankers Mutual Casualty InsuranceSupreme Court of Minnesota · 1915
- Hand v. National Live-Stock Ins.Supreme Court of Minnesota · 1894
- Zeitler v. National Casualty Co.Supreme Court of Minnesota · 1914
- Bemis v. Pacific Coast Casualty Co.Supreme Court of Minnesota · 1914
- Lake Superior Produce & Cold Storage Co. v. Concordia Fire InsuranceSupreme Court of Minnesota · 1905
3Cited by7 opinions
- Southern Travelers' Ass'n v. MastersonCourt of Appeals of Texas · 1932
- Commercial Casualty Ins. Co. v. HamrickCourt of Appeals of Texas · 1933
- Kassmir v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1934
- Enge v. John Hancock Mutual Life InsuranceSupreme Court of Minnesota · 1931
- Robinson v. Commonwealth Casualty Co.Missouri Court of Appeals · 1930
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