Powers v. Fidelity & Casualty Co.
Supreme Court of Minnesota
Action in the district court for Stearns county to recover $2,000 upon defendant’s health and accident insurance policy. The facts are stated in the opinion.
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Action in the district court for Stearns county to recover $2,000 upon defendant’s health and accident insurance policy. The facts are stated in the opinion. The case was tried before Roeser, J., who when plaintiff rested denied defendant’s motion to dismiss the action on the grounds that plaintiff had failed to establish a cause of action; that no notice was given to the company within 20 days after the date of the accident; that immediate notice of the alleged accidental death was not given to the company; that no proof of loss, disability or death of the assured was given within 90 days…
1Opinion of the CourtQuinn, J.
Action to recover on a health and accident policy issued by the defendant to Raymond J. Ziegler, in which his mother was named as beneficiary. Plaintiff had a verdict, and from an order denying its alternative motion for judgment or a new trial defendant appealed.
On April 24, 1918, Ziegler signed an application and thereafter received from the defendant a policy for $2,000 as of that date. He died at his mother’s home in Melrose, Minnesota, on July 2 following, as the *284result, it is claimed, of an injury received on the twelfth day of May, 1918.
It is contended on behalf of the plaintiff that…
2Cases cited1 opinion
- Ruder v. National Council of Knights & Ladies of SecuritySupreme Court of Minnesota · 1914
3Cited by4 opinions
- Blazek v. North American Life & Casualty Co.Supreme Court of Minnesota · 1957
- Jones v. Fidelity & Casualty Co. of New YorkSupreme Court of Minnesota · 1926
- Sleeter v. Progressive Assurance Co.Supreme Court of Minnesota · 1934
- Outcault Advertising Co. v. Farmers & Merchants State BankSupreme Court of Minnesota · 1922