Pritchett v. Continental Casualty Co.
Court of Appeals of Kentucky
Case 110 — Action by John C. Pritchett against Continental Casualty Company on an Accident Policy. APPEAL prom: PAYETTE CIRCUIT COURT. Judgment por Dependant and Plaintipp Appeals.
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Case 110 — Action by John C. Pritchett against Continental Casualty Company on an Accident Policy. APPEAL prom: PAYETTE CIRCUIT COURT. Judgment por Dependant and Plaintipp Appeals. POINTS AND AUTHORITIES. 1. The general demurrer to the answer should have been sustained: (a) Because the first provision in the “paymaster’s order” plead by defendant (appellee here) is in conflict with the provisions of the policy issued to appellant and with his application made therefor, and that construction should be adopted which will cover the loss and any doubt or ambiguity in the contract should be…
1Opinion of the Court
'Opinion of the court by
JUDGE HOBSON
Reversing..
On November 7, 1902, appellant, Pritchett, who was a locomotive engineer in the service of the Norfolk & Western Railroad Company, at Columbus, Ohio, applied to appellee •for an accident policy. The application, among other things, •contained the following:
“I agree to pay therefor (that is, for the insurance applied for) $51.84 in equal installment payments of $10.37 "without notice; the first installment payment of $10.37 to be paid on the 1st day of January, 1903, and one payment of like amount due the same day of each of the next! succeeding…
2Cases cited3 opinions
- Bane v. Travelers' InsuranceCourt of Appeals of Kentucky · 1887
- McMahon v. Travelers' InsuranceSupreme Court of Iowa · 1889
- Landis v. Standard Life & Accident InsuranceIndiana Court of Appeals · 1893
3Cited by5 opinions
- Buzzone v. Hartford Accident and Indemnity Co.Supreme Court of New Jersey · 1957
- Stewart v. Continental Casualty CompanyCourt of Appeals of Kentucky (pre-1976) · 1929
- Benefit Ass'n of Railway Employees v. HancockCourt of Appeals of Kentucky (pre-1976) · 1933
- Lacy v. Continental Casualty Co.Appellate Court of Illinois · 1912
- Standard Accident Insurance v. SmithCourt of Appeals of Kentucky · 1919