General Accident, Fire & Life Assurance Co. v. Walker
Mississippi Supreme Court
Appeal from the circuit court of Forrest county. Hon. W. H. Cook, Judge. Suit by Allen Walker ag’ainst the General Accident, Fire and Life Assurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in'the opinion of the court. The provision for notice of injury within ten days from the date of injury is valid and binding. The authorities are multitudinous and harmonious on this point.
Read the full summary
Appeal from the circuit court of Forrest county. Hon. W. H. Cook, Judge. Suit by Allen Walker ag’ainst the General Accident, Fire and Life Assurance Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in'the opinion of the court. The provision for notice of injury within ten days from the date of injury is valid and binding. The authorities are multitudinous and harmonious on this point. See Cyl., vol. 1, page 274, paragraph “A” and citations there given. Am. and Eng. Ency. Law, vol. 1, page 323, par. 3; in Craig v. ü. S. Health é Accident Ins. Co., 61 S. E.…
1Opinion of the Court
Mayes, C.' J.,
delivered the opinion of the court.
On the trial of this case the court gave a peremptory instruction to the jury to find for appellee in full amount sued for and to which he claimed to be entitled under the accident policy. It is contended by appellant that this was error, and hence an appeal is prosecuted.
The only feature of this case which we desire to discuss is the effect which section 2575, Code of 1906, has upon that clause of the contract of insurance which limits the right of the insured to a recovery of only one-fifth of the insurance, unless written notice shall be…
2Cited by7 opinions
- Hartford Accident & Indemnity Co. v. Delta & Pine Land Co.Mississippi Supreme Court · 1933
- New York Life Ins. Co. v. BolingMississippi Supreme Court · 1936
- National Casualty Co. v. MitchellMississippi Supreme Court · 1932
- Standard Accident Insurance v. BroomMississippi Supreme Court · 1916
- Webster v. United States Fidelity & Guaranty Co.Mississippi Supreme Court · 1934
2 more not listed; retrieve them via the Exa API.