Geddes v. Ann Arbor Railroad Employees' Relief Ass'n
Michigan Supreme Court
Error to Washtenaw; Kinne, J. Assumpsit by Warren Geddes against the Ann Arbor Railroad Employees’ Relief Association on a policy of health and accident insurance. Judgment for plaintiff. Defendant brings error. Plaintiff sues defendant as assignee of a claim of the estate of one Ralph L. Westerland, against defendant. It appears that on October 31, 1908, Westerland was an employee of the Ann Arbor Railroad.
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Error to Washtenaw; Kinne, J. Assumpsit by Warren Geddes against the Ann Arbor Railroad Employees’ Relief Association on a policy of health and accident insurance. Judgment for plaintiff. Defendant brings error. Plaintiff sues defendant as assignee of a claim of the estate of one Ralph L. Westerland, against defendant. It appears that on October 31, 1908, Westerland was an employee of the Ann Arbor Railroad. On that day he secured a policy of insurance in the defendant association. His application contained the following order and agreement: “I hereby authorize the Ann Arbor Railroad, by whom…
1Opinion of the CourtBbooke, J.
(after stating the facts). It is the contention of defendant that its motion for a directed verdict should have been granted.
Plaintiff relies entirely upon the case of Lyon v. Insurance Co., 55 Mich. 141 (20 N. W. 829, 54 Am. Rep. 854). We are of opinion that that case is distinguishable and not controlling. There the insured, a brakeman, was earning variable wages, so that he might be excused for a failure to notice that no deduction from his pay had been made, while in this case Westerland was working for a fixed salary, and the fact that his premiums were not deducted could not well have…
2Cases cited7 opinions
- Lyon v. Travelers' InsuranceMichigan Supreme Court · 1884
- Pacific Mutual Life Insurance v. WalkerSupreme Court of Arkansas · 1899
- Bane v. Travelers' InsuranceCourt of Appeals of Kentucky · 1887
- Employer's Liability Assurance Corp. v. RochelleCourt of Appeals of Texas · 1896
- McMahon v. Travelers' InsuranceSupreme Court of Iowa · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Johnson v. Fidelity & Casualty Co.Michigan Supreme Court · 1915
- Continental Casualty Co. v. VinesSupreme Court of Alabama · 1918
- Atkinson v. Travelers' Ins. Co. of HartfordSupreme Court of Alabama · 1918
- Stewart v. Continental Casualty CompanyCourt of Appeals of Kentucky (pre-1976) · 1929
- Leverett v. Continental Casualty Co.Michigan Supreme Court · 1929
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