Irwin v. Phœnix Accident & Sick Benefit Ass'n
Michigan Supreme Court
Error to Muskegon; Russell, J. Assumpsit by Mary J. Irwin against tbe Pboenix Accident & Sick Benefit Association upon a policy of insurance. Prom a judgment for plaintiff on verdict directed by the court, defendant brings error.
1Opinion of the CourtMontgomery, C. J.
Plaintiff recovered in an action on an accident policy issued to her son, George P. Irwin, in which policy plaintiff was named as beneficiary in case of death. The defense was that the death of George P. Irwin was caused by voluntary and unnecessary exposure to danger. The policy, by reference to the application, exempted the company from liability in case of either voluntary or unnecessary exposure to danger. It is contended that this language is such as to distinguish it from Johnson v. Accident Co., 115 Mich. 86 (72 N. W. 1115, 69 Am. St. Rep. 549); and counsel cites the case of Shevlin v.…
2Cases cited2 opinions
- Shevlin v. American Mutual Accident Ass'nWisconsin Supreme Court · 1896
- Johnson v. London Guarantee & Accident Co.Michigan Supreme Court · 1897
3Cited by4 opinions
- Vinograd v. Travelers Protective Ass'n of AmericaWisconsin Supreme Court · 1935
- Walter v. People's Health & Accident InsuranceMichigan Supreme Court · 1913
- North American Acc. Ins. v. GulickMahoning Circuit Court · 1903
- North American Accident Insurance v. GulickOhio Circuit Courts · 1903