Gorder v. Lincoln National Life Insurance
North Dakota Supreme Court
Appeal from the district court of Bottineau County, A. G. Burr, J. On tbe question of the proof that the insured came to his death while subjected to the hazard of naval -service, it is clear that such is not the case. He was in an inland city, and not subject to any risks not common to civilians with whom he was constantly associated. Myli v. American L. Ins. Co. 175 N. TV.- 631; Kelly v. Fidelity Mut. L. Ins.
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Appeal from the district court of Bottineau County, A. G. Burr, J. On tbe question of the proof that the insured came to his death while subjected to the hazard of naval -service, it is clear that such is not the case. He was in an inland city, and not subject to any risks not common to civilians with whom he was constantly associated. Myli v. American L. Ins. Co. 175 N. TV.- 631; Kelly v. Fidelity Mut. L. Ins. Co. 172 N. W. 153. If the terms of the contract be clear, and not fairly susceptible of two constructions, an ambiguity cannot be assumed, and the plain intention of the parties…
1Opinion of the CourtBirdzell, J.
This is an action to recover the face amount of a life insurance policy. By stipulation it was tried before the district court ■of Bottineau county without a jury and a judgment was rendered for the full amount of the policy, interest, and costs, amounting in all to $2,179.67. The policy was issued on March 31, 1917, to Arthur Norman Gorder, age twenty-two years. The beneficiary was Jacob L. Gorder, *194his father, the plaintiff in this action. On June 14,1918, the insured entered the military service of the United States under the Selective Service Law. He was stationed in various training camps…
2Cases cited12 opinions
- Ruddock v. Detroit Life InsuranceMichigan Supreme Court · 1920
- Miller v. Illinois Bankers' Life Ass'nSupreme Court of Arkansas · 1919
- Benham v. American Central Life InsuranceSupreme Court of Arkansas · 1919
- Bradley v. . the Mutual Benefit Life Ins. Co.New York Court of Appeals · 1871
- Kelly v. Fidelity Mutual Life InsuranceWisconsin Supreme Court · 1919
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Johnson v. Mutual Life InsuranceSupreme Court of Georgia · 1922
- Coit v. Jefferson Standard Life InsuranceCalifornia Supreme Court · 1946
- Edwards v. Life Casualty Ins. Co. of Tenn.Supreme Court of Louisiana · 1946
- Jorgenson v. Metropolitan Life InsuranceSupreme Court of New Jersey · 1947
- Hayes v. Home Life Ins. Co.Court of Appeals for the D.C. Circuit · 1948
8 more not listed; retrieve them via the Exa API.