Ford v. United States Mutual Accident Relief Co.
Massachusetts Supreme Judicial Court
Contract upon a policy of insurance against bodily injuries, issued by the defendant corporation to the plaintiff. The policy, which was dated April 14, 1885, described the plaintiff as “ by occupation, profession, or employment a leather cutter and merchant,” and, after providing for the payment of a certain sum to his daughter in case of his death by reason of “ bodily injuries effected through external, accidental, and violent means,” contained the following provision : “…
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Contract upon a policy of insurance against bodily injuries, issued by the defendant corporation to the plaintiff. The policy, which was dated April 14, 1885, described the plaintiff as “ by occupation, profession, or employment a leather cutter and merchant,” and, after providing for the payment of a certain sum to his daughter in case of his death by reason of “ bodily injuries effected through external, accidental, and violent means,” contained the following provision : “ Or, if the insured shall sustain bodily injuries by means as aforesaid which shall independently of all other causes…
1Opinion of the CourtC. Allen, J.
1. No question was raised at the trial as to the authority of the secretary to represent the company, and none is open here. The only question before us as to the validity of the new or substituted policy is, whether it was beyond the power of the company itself to issue the new policy after the plaintiff’s accident had occurred ; and we can have no doubt upon this point. In the original policy, the plaintiff’s occupation was not correctly stated. There was no mention that he was a leather cutter, and yet his injury was received while pursuing that part of his occupation. How this mistake…
2Cases cited1 opinion
- Spalding v. ConantMassachusetts Supreme Judicial Court · 1888
3Cited by6 opinions
- Mutual Life Insurance Co. of N. Y. v. BarronSupreme Court of Georgia · 1944
- Commercial Travelers Mutual Accident Ass'n v. SpringsteenIndiana Court of Appeals · 1900
- Azevedo v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1941
- Rayburn v. . Casualty Co.Supreme Court of North Carolina · 1906
- Wood v. Massachusetts Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1899
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