Kelly v. Fidelity Mutual Life Insurance
Wisconsin Supreme Court
Appeal from an order of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. Demurrer. It appears from the complaint that on March 24, 1916, the defendant issued to the plaintiff's intestate a certain policy of insurance upon the life of said intestate in the sum of $10,000. The. following provisions were contained in the application, which formed a part of the policy: “Military or naval service or work in connection with zvar-fare.
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Appeal from an order of the circuit court for Douglas county: Frank A. Ross, Circuit Judge. Demurrer. It appears from the complaint that on March 24, 1916, the defendant issued to the plaintiff's intestate a certain policy of insurance upon the life of said intestate in the sum of $10,000. The. following provisions were contained in the application, which formed a part of the policy: “Military or naval service or work in connection with zvar-fare. If the insured shall, within two years from date of this policy, engage in any military or naval service, or in any work as a civilian in any…
1Opinion of the CourtRosenberry, J.
The defendant admits that it is liable upon the policy to the extent of the premiums paid, but claims it is not liable for the full amount of the policy. It is admitted that at the time of his death the insured was engaged in the military service of the United States. The crucial question is, Did the insured die as a result, directly or indirectly, of engaging in the military service ?
Having in mind the ordinary rule that all provisions, con*276ditions, or exceptions which tend to limit the liability of the insurer should be construed most strongly against the party preparing the contract and for…
2Cases cited1 opinion
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
3Cited by33 opinions
- Ruddock v. Detroit Life InsuranceMichigan Supreme Court · 1920
- Johnson v. Mutual Life InsuranceSupreme Court of Georgia · 1922
- Wisconsin Builders, Inc. v. General Insurance Co. of AmericaWisconsin Supreme Court · 1974
- Bell v. American Insurance Co.Wisconsin Supreme Court · 1921
- Lontkowski v. IgnarskiWisconsin Supreme Court · 1959
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