Jones v. Hawkeye Commercial Men's Ass'n
Supreme Court of Iowa
Appeal from Polk District Court. — W. H. McHenry, Judge. Action to recover benefits under an accident insurance certificate. The defense was that the death of the insured resulted from a cause which was-excepted from the operation of the insurance certificate, in that the insured died from asphyxiation by gas. The trial court dismissed the .petition, and the plaintiff appeals.
1Opinion of the CourtEvans, J.
1. Insurance: accident insurance: death by gas: exemption. The defendant is a mutual accident association. The deceased was concededly a member in good standing at the time of his death. The plaintiff was the beneficiary under the certificate. The death the deceased resulted from asphyxiation from escaping gas in a hotel room wherein he slept. It was, therefore; presumably accidental. The insurance certificate specifically excepted from its operation death from certain specified'causes, including the inhalation of gas. This particular exception was set forth in the insurance certificate as…
2Cases cited4 opinions
- Paul v. . Travelers' Ins. Co.New York Court of Appeals · 1889
- Menneiley v. Employers' Liability Assurance Corp.New York Court of Appeals · 1896
- Fidelity & Casualty Co. of New York v. WatermanIllinois Supreme Court · 1896
- Travelers' Insurance v. AyersIllinois Supreme Court · 1905
3Cited by13 opinions
- Hawkeye Commercial Men's Ass'n v. ChristyCourt of Appeals for the Eighth Circuit · 1923
- Kingsley v. American Central Life Ins.Michigan Supreme Court · 1932
- Field v. Southern Surety Co.Supreme Court of Iowa · 1931
- Hiatt v. Travelers Insurance Co.Supreme Court of Iowa · 1924
- Birss v. Order of United Commercial Travelers of AmericaNebraska Supreme Court · 1922
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