Hummer v. Midland Casualty Co.
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by George P. Hummer against the Midland Casualty Company on a policy of accident insurance. Judgment for plaintiff. Defendant brings error. A policy issued by the defendant company insured the plaintiff against bodily injury through accidental means, and for certain injuries, among them the loss of one eye, promised an indemnity of $2,500 if the injury within 100 days from the date of the accident resulted in such a loss.
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Error to Kent; Perkins, J. Assumpsit by George P. Hummer against the Midland Casualty Company on a policy of accident insurance. Judgment for plaintiff. Defendant brings error. A policy issued by the defendant company insured the plaintiff against bodily injury through accidental means, and for certain injuries, among them the loss of one eye, promised an indemnity of $2,500 if the injury within 100 days from the date of the accident resulted in such a loss. It further promised him, in case the injury from the date of the accident rendered him continuously unable to perform any of his…
1Opinion of the CourtOstrander, J.
(after stating the facts). Some of the contentions of appellant may be disposed of with little comment. It was not error to instruct the jury that the sending of the letter of February 9th and its receipt by defendant were established facts. It is true that the letter of February 9th was not produced by defendant upon notice to produce letters, and that it was stated by counsel at the trial that it was thought defendant never received it. A letter written by defendant to plaintiff states that the first information received by defendant of the alleged injury came in May with the proofs of…
2Cases cited1 opinion
- Hohn v. Inter-State Casualty Co.Michigan Supreme Court · 1897
3Cited by4 opinions
- William H. Sill Mortgages, Inc., a Michigan Corporation v. The Ohio Casualty Insurance Company, an Ohio CorporationCourt of Appeals for the Sixth Circuit · 1969
- Kravat v. Indemnity Ins. Co. of North AmericaCourt of Appeals for the Sixth Circuit · 1945
- Metsker v. Mutual Life Insurance Co. of New YorkWashington Supreme Court · 1942
- Farmers Produce Co. v. Ætna Casualty & Surety Co.Michigan Supreme Court · 1927