Caldwell v. Iowa State Traveling Men's Ass'n
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. Byron W. Preston, Judge. This is an action upon a certificate of membership in a mutual accident association. Under the terms and conditions of the certificate, $5,000 became payable to the plaintiff, as beneficiary thereunder, in case of the death of the assured by external, violent or accidental means. The defendant answered with a general denial.
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Appeal from Jasper District Court. — Hon. Byron W. Preston, Judge. This is an action upon a certificate of membership in a mutual accident association. Under the terms and conditions of the certificate, $5,000 became payable to the plaintiff, as beneficiary thereunder, in case of the death of the assured by external, violent or accidental means. The defendant answered with a general denial. It also pleaded affirmatively that the death of the assured was the result of bodily ' infirmity and disease. There was a trial' to a jury, resulting in a verdict and judgment for the plaintiff for the…
1Opinion of the CourtEvans, J.
The assured was Walter E. Caldwell.’ He died on February 25, 1909. At the time of his death, he was a member of the defendant association. The plaintiff is his widow and the beneficiary of his insurance. Full compliance was had with all formal requirements preliminary to the suit. The controversy between the parties is wholly upon the larger merits of the case. The certificate provides for accident insurance only. The question at issue 'is: Was the death of the assured caused solely by external, violent or accidental means ? The contention of the plaintiff is that on or prior to February 16,…
2Cases cited13 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Reddick v. Grand Union Tea Co.Supreme Court of Iowa · 1941
- Allen v. Travelers Protective Ass'n of AmericaSupreme Court of Iowa · 1913
- Moon v. Order of United Commercial Travelers of AmericaNebraska Supreme Court · 1914
- Kansas City Life Ins. Co. v. NipperSupreme Court of Oklahoma · 1935
- Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
16 more not listed; retrieve them via the Exa API.