Legal Opinion

Everson v. Casualty Co. of America

Massachusetts Supreme Judicial Court

Decided March 3, 1911PublishedCited by 48 opinions

Contract for $10,050 upon a policy of accident insurance issued by the defendant on October 22, 1907, insuring the plain-, tiff for the period of one year against bodily injuries effected solely through external, violent and accidental means, with a provision that the amount otherwise payable should be doubled in case of certain injuries, including injuries sustained “ while, in a burning building,” the plaintiff having lost his right hand, which was amputated in consequence…

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Contract for $10,050 upon a policy of accident insurance issued by the defendant on October 22, 1907, insuring the plain-, tiff for the period of one year against bodily injuries effected solely through external, violent and accidental means, with a provision that the amount otherwise payable should be doubled in case of certain injuries, including injuries sustained “ while, in a burning building,” the plaintiff having lost his right hand, which was amputated in consequence of its injury by fire in a burning building, near works operated by the defendant about eight miles from the city of…

1Opinion of the CourtRugg, J.

This is an action on a policy of accident insurance issued to thé plaintiff by the defendant. The injury on which the claim is founded was the amputation of the right hand made necessary by burning. The circumstances appear with sufficient fulness in Everson v. General Accident, Fire Life Assurance Corp. 202 Mass. 169, 174, 175, which was an action by the same plaintiff against a different defendant growing out of the same incident. Only questions of evidence are presented.

1. Among the defenses set up in the answer was one that the plaintiff at the time of the insurance was deeply in debt,…

2Cases cited11 opinions

  1. Field v. GowdyMassachusetts Supreme Judicial Court · 1908
  2. Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
  3. Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
  4. Commonwealth v. RichmondMassachusetts Supreme Judicial Court · 1911
  5. Produce Exchange Trust Co. v. BieberbachMassachusetts Supreme Judicial Court · 1900

6 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Alholm v. Town of WarehamMassachusetts Supreme Judicial Court · 1976
  2. Goldstein v. GontarzMassachusetts Supreme Judicial Court · 1974
  3. Commonwealth v. SheppardMassachusetts Supreme Judicial Court · 1943
  4. Commonwealth v. TrowbridgeMassachusetts Supreme Judicial Court · 1995
  5. Commonwealth v. NoxonMassachusetts Supreme Judicial Court · 1946

43 more not listed; retrieve them via the Exa API.

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