Clay v. State Insurance Co.
Supreme Court of North Carolina
Civil actioN, tried before Allen, J., and a jury, at February Term, 1917, of Bertie. The action was to recover a double indemnity of $1,000 claimed on a policy of insurance on one George E. Olay, deceased, wbo was killed in a fight with, one Sullivan on 2 April, 1915. Tbe policy, bearing date in 1909, and on which the premiums had been regularly paid, insured the life of said George E. Clay in the sum of $1,000 and contained a stipulation for double indemnity of $1,000, in…
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Civil actioN, tried before Allen, J., and a jury, at February Term, 1917, of Bertie. The action was to recover a double indemnity of $1,000 claimed on a policy of insurance on one George E. Olay, deceased, wbo was killed in a fight with, one Sullivan on 2 April, 1915. Tbe policy, bearing date in 1909, and on which the premiums had been regularly paid, insured the life of said George E. Clay in the sum of $1,000 and contained a stipulation for double indemnity of $1,000, in terms as follows: “During the premium-paying period of this policy, and excluding any time while the same may be in…
1Opinion of the Court
Hoke, J.,
after stating the case: We regard it as established by the numerous decisions on the subject that in case of accident insurance, as expressed in the general terms of this policy, the word “accident” should receive its ordinary and popular definition as an unusual and unexpected occurrence — one that takes place without the foresight or expectation of the person affected — and that in a given case the question is to be determined by reference to the facts as they may affect the holder of the policy, or rather the person insured. “An event which, under the circumstances, is unusual and…
2Cases cited8 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Richards v. Travelers Insurance Co.California Supreme Court · 1891
- Lovelace v. Travelers' Protective Ass'nSupreme Court of Missouri · 1894
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Supreme Council of Order of Chosen Friends v. GarrigusIndiana Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
- Fallins v. Durham Life Insurance Co.Supreme Court of North Carolina · 1957
- Mills v. State Life and Health Insurance CompanySupreme Court of North Carolina · 1964
- Scarborough v. World Insurance Co.Supreme Court of North Carolina · 1956
- Whitaker v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1938
16 more not listed; retrieve them via the Exa API.