Furry's Admr. v. General Accident Insurance
Supreme Court of Vermont
General Assumpsit on an accident insurance policy. Plea, the general issue. Trial by court at the September Term, 1907, Rutland County, Hall, J., presiding. Judgment for the plaintiff to recover the larger sum mentioned in the policy. The defendant excepted. The opinion states the case. A person not under the influence of any intoxicant or narcotic so as to prevent him from being fairly able to take care of himself is not within the conditions of the policy.
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General Assumpsit on an accident insurance policy. Plea, the general issue. Trial by court at the September Term, 1907, Rutland County, Hall, J., presiding. Judgment for the plaintiff to recover the larger sum mentioned in the policy. The defendant excepted. The opinion states the case. A person not under the influence of any intoxicant or narcotic so as to prevent him from being fairly able to take care of himself is not within the conditions of the policy. Manufacturers Accident Indemnity Go. v. Dorgan, 58 Fed. 952; 4 Cooley, Ins. ■3204. Exceptions of this kind are construed most strongly…
1Opinion of the CourtMunson, J.
Plaintiff’s intestate was insured in the defendant company under a contract which limited the company’s liability to one-fifth of the amount otherwise payable, if the loss was “from exposure to obvious risk of injury or obvious danger,” or “while under the influence of any intoxicant or narcotic.” It is found that “the accident did not occur from ■exposure to obvious risk of injury or obvious danger.” This is ■conclusive as to the first exception, unless it can be said as matter of law that walking on a railroad track unnecessarily is in itself such an exposure, — as to which we do not find…
2Cases cited8 opinions
- Prader v. National Masonic Accident Ass'nSupreme Court of Iowa · 1895
- Sutherland v. Standard Life & Accident InsuranceSupreme Court of Iowa · 1893
- Traveler's Insurance v. HarveySupreme Court of Virginia · 1885
- Standard Life & Accident Insurance v. JonesSupreme Court of Alabama · 1891
- Campbell v. Fidelity & Casualty Co.Court of Appeals of Kentucky · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Flannagan v. Provident Life & Accident Ins. Co.Court of Appeals for the Fourth Circuit · 1927
- State v. StorrsSupreme Court of Vermont · 1933
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1936
- Benavides v. J.C. Penney Life Insurance Co.Supreme Court of Iowa · 1995
- Order of United Commercial Travelers of America v. GreerCourt of Appeals for the Tenth Circuit · 1930
9 more not listed; retrieve them via the Exa API.