Cronkhite v. Travelers Insurance
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage Countjr. This action was brought upon an accident policy of insurance, dated July 29, 1887, issued by the defendant company to Carl E. Cronkhite, late husband of the plaintiff, insuring him for twelve months, under certain restrictions not material here, against loss of time “ resulting from bodily injuries effected during the term of bis insurance through external, violent, and accidental means.”
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APPEAL from the Circuit Court for Portage Countjr. This action was brought upon an accident policy of insurance, dated July 29, 1887, issued by the defendant company to Carl E. Cronkhite, late husband of the plaintiff, insuring him for twelve months, under certain restrictions not material here, against loss of time “ resulting from bodily injuries effected during the term of bis insurance through external, violent, and accidental means.” The policy further provides that, in case death should result from any such injuries within ninety days, the company will pay to the wife of the insured,…
1Opinion of the Court
-LyoN, J.
¥e think the court took an erroneous view of the law. Unless the injuries which are alleged to have caused the death of the insured were intentionally self-inflicted, or intentionally inflicted by some other person, or were received in dueling or fighting (in which case they would be intentional), the legal presumption is that they "were accidental. No presumption can be indulged that the law has been violated, as it-would have been were the injuries intentionally inflicted by another. On the contrary the presumption is that they were not. Hence, had the plaintiff proved only that…
2Cases cited7 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Freeman v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
- Redman v. Ætna InsuranceWisconsin Supreme Court · 1880
- Coburn v. Travelers' InsuranceMassachusetts Supreme Judicial Court · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Shepherd v. Midland Mutual Life Ins.Ohio Supreme Court · 1949
- Travelers' Ins. v. MelickCourt of Appeals for the Eighth Circuit · 1894
- Carnes v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1898
- Wilkinson v. Ætna Life InsuranceIllinois Supreme Court · 1909
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
30 more not listed; retrieve them via the Exa API.