Fetter v. Fidelity & Casualty Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Bo». J. B. 8'lover, Judge. (1) ■ In order to have entitled plaintiffs to recover in this cause, under the express conditions of the policy, and as a condition precedent to their recovery, it must have been shown that death resulted from accidental means independent of all other causes; and the undisputed evidence failing to show this fact, but, on the contrary, conclusively showing that it did not result from accidental means independent…
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Appeal from Jackson Circuit Court. — Bo». J. B. 8'lover, Judge. (1) ■ In order to have entitled plaintiffs to recover in this cause, under the express conditions of the policy, and as a condition precedent to their recovery, it must have been shown that death resulted from accidental means independent of all other causes; and the undisputed evidence failing to show this fact, but, on the contrary, conclusively showing that it did not result from accidental means independent of all other causes, the court erred in refusing a peremptory instruction to the jury to return a verdict for defendant.…
1Opinion of the CourtValliant, J.
Appeal from a judgment of the circuit court of Jackson county in favor of plaintiffs founded on two accident insurance policies issued by defendant on the life of plaintiffs ’ father.
The petition is in two counts. In the first it is averred that the defendant issued its policy February 21, 1892, whereby 'it insured the life of plaintiffs’ father against bodily injuries sustained through external, violent and accidental means and agreed to pay plaintiffs $5,000 if death should result to their father from such injuries, independent of all other causes, within ninety days from, the date of the…
2Cases cited2 opinions
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Laessig v. Travelers' Protective Ass'n of AmericaSupreme Court of Missouri · 1902
3Cited by88 opinions
- Wendorff v. Missouri State Life InsuranceSupreme Court of Missouri · 1927
- Caldwell v. Travelers Insurance Co.Supreme Court of Missouri · 1924
- Fidelity & Casualty Co. v. MeyerSupreme Court of Arkansas · 1912
- Bohaker v. Travelers InsuranceMassachusetts Supreme Judicial Court · 1913
- Leland v. Order of United Commercial Travelers of AmericaMassachusetts Supreme Judicial Court · 1919
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