Carr v. Pacific Mutual Life Insurance
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». W. B. Teasdale, Judge. (1) The court erred in overruling the demurrer to the evidence and in refusing the peremptory instruction to find for defendant. When death or injury is caused directly or indirectly by disease, there can be no recovery on a policy containing an exception identical with the one in the policy in the case at bar.
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Appeal from Jackson Circuit Court. — Ho». W. B. Teasdale, Judge. (1) The court erred in overruling the demurrer to the evidence and in refusing the peremptory instruction to find for defendant. When death or injury is caused directly or indirectly by disease, there can be no recovery on a policy containing an exception identical with the one in the policy in the case at bar. Traveler’s Ass’n v. Fulton, 79 Fed. 423; National Ass’n v. Shyrock, 73 Fed. 774; Sharpe v. Traveler’s Ass’n, 139 Ind. 92; Hubbard v. Accident Association, 98 Fed. 932; McCarthy v. Insurance Co., 8 Biss. (U. S.) 362;…
1Opinion of the CourtBroaddus, J.
Plaintiff’s suit is on an accident policy to recover for injuries received by birri during the life of said policy. The policy was issued on the 15th day of July, 1899, and the plaintiff was injured in March, 1900; proper proof of loss was made and the controversy at the trial arose as to defendant’s liability under the evidence.
The first defense is that it was provided in said policy that “it did not insure or cover injuries fatal or otherwise received while or in consequence of plaintiff being or having been under the influence of or affected by, or resulting directly or indirectly in whole…
2Cases cited15 opinions
- National Masonic Acc. Ass'n of Des Moines v. ShryockCourt of Appeals for the Eighth Circuit · 1896
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Grumley v. WebbSupreme Court of Missouri · 1869
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- Springfield Steam Laundry Co. v. Traders' InsuranceSupreme Court of Missouri · 1899
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3Cited by17 opinions
- Penn v. Standard Life InsuranceSupreme Court of North Carolina · 1912
- Penn v. Standard Life & Accidental InsuranceSupreme Court of North Carolina · 1911
- First Nat. Bank v. Equitable Life Assur. Soc.Supreme Court of Alabama · 1932
- Goodes v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1913
- Rudd v. American Guarantee Fund Mutual Fire InsuranceMissouri Court of Appeals · 1906
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