Marren v. Fidelity & Casualty Co. of New York
Supreme Court of Iowa
Appeal from Clinton District Court. — A. P. Barker, Judge. The appellant complains of the refusal of the trial court to submit to the jury the question whether plaintiff had suffered a partial, rather than a total, disability.—
1Opinion of the CourtSalinger, J.
I. The policy' under which plaintiff claims provides for indemnity against total disability “that prevents the assured from performing any and every kind of duty pertaining to his occupation;” also, indemnity for “partial disability that prevents the assured from performing fully work essential to the duties of his occupation.” The plaintiff bases her claims upon bodily injuries, said to consist of contusions of the forehead, injuries to the eyes, to the left shoulder, to the wrist, and of erosion and fracture of the knee cartilage. She claims that these, exclusive of any other causes,…
2Cases cited4 opinions
- Lyon v. Railway Passenger Assurance Co.Supreme Court of Iowa · 1877
- Gainesville & Northwestern Railroad v. GallowayCourt of Appeals of Georgia · 1916
- Burnham v. StoneCalifornia Supreme Court · 1894
- Steele v. CrabtreeSupreme Court of Iowa · 1906
3Cited by2 opinions
- Hurley v. Bankers Life Co.Supreme Court of Iowa · 1924
- Elmore v. Southern Surety Co.Supreme Court of Iowa · 1929