Legal Opinion

Elsey v. Fidelity & Casualty Co.

Indiana Supreme Court

Decided June 18, 1918No. 23,484PublishedCited by 34 opinions

From Marion Superior Court (21,549) ; Joseph Collier, Judge. Action by Erickson Elsey against the Fidelity and Casualty Company of New York. From a judgment for the defendant, the plaintiff appeals. (Transferred from the Appellate Court under §1394 Burns 1914, Acts 1901 p. 565.)

1Opinion of the CourtLairy, J.

— This is an action by appellant upon an accident insurance policy issued by appellee. The policy provided, among other things, for an indemnity of $12.50 per week “against bodily injury sustained through accidental means, and resulting, directly and exclusively of other causes in immediate, continuous and *448total disability” and also that “sunstroke * * *, suffered through accidental means * * * shall be deemed a bodily injury within the meaning of the policy.” A trial was had by the court without the intervention of a jury, resulting in a finding and judgment for appellee, and from that…

Also in this document: Dissent.

2Cases cited8 opinions

  1. Bryant v. Continental Casualty Co.Texas Supreme Court · 1916
  2. Higgins v. Midland Casualty Co.Illinois Supreme Court · 1917
  3. Continental Casualty Co. v. PittmanSupreme Court of Georgia · 1916
  4. Semancik v. Continental Casualty Co.Superior Court of Pennsylvania · 1914
  5. Dozier v. Fidelity & Casualty Co.U.S. Circuit Court for the District of Western Missouri · 1891

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Landress v. Phoenix Mutual Life InsuranceSupreme Court of the United States · 1934
  2. Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
  3. Richards v. Standard Acc. Ins. Co.Utah Supreme Court · 1921
  4. Dondeneau v. State Industrial Accident CommissionOregon Supreme Court · 1926
  5. Husbands v. Indiana Travelers' Accident Ass'nIndiana Supreme Court · 1921

29 more not listed; retrieve them via the Exa API.

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