Rommel v. National Travelers Benefit Ass'n
Supreme Court of Iowa
Appeal from Mahaska District Gourt. — Henry Silwóld, Judge. Action upon a policy of insurance for $5,000 death benefits. The court directed the jury to return a verdict in favor of the plaintiff for $100. Plaintiff appeals. The facts are fully stated in the opinion.
1Opinion of the CourtStevens, J.
obvious risk of danger. I. Arthur E. Rommel, at the time of his death, which occurred on the 26th day of February, 1916, by drowning, held a certificate of membership in the National Travelers Benefit Association, of Des Moines, Iowa, by the terms of which the association agreed, in case of death by accident, to pay Stella B. Rommel, his wife, and plaintiff herein, the sum of $5,000. The policy, however, provided:
“This policy shall not cover * * * injuries occasioned by * * exposure to obvious risk * * * to an amount exceeding $100.”
The circumstances surrounding his death are, in substance,…
2Cases cited11 opinions
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- National Life & Accident Insurance v. LokeySupreme Court of Alabama · 1910
- Diddle v. Continental Casualty Co.West Virginia Supreme Court · 1909
- Shevlin v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
- Garcelon v. Commercial Travellers' Eastern Accident Ass'nMassachusetts Supreme Judicial Court · 1907
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3Cited by2 opinions
- Christensen v. National Travelers Benefit Ass'nSupreme Court of Iowa · 1923
- Ellefson v. Hawkeye Commercial Men's Ass'nSupreme Court of Iowa · 1924