Morrow v. National Masonic Accident Ass'n
Supreme Court of Iowa
Appeal from Polk District Court.— Hon. -S. F. Prouty, Judge. Suit at law to 'recover upon an accident insurance policy issued to Alves C. Tillman, wbo was injured in an accident in December,' 1901, while the policy was in force, and who died in February, 1902, as the plaintiff claims, solely from the effects thereof.
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Appeal from Polk District Court.— Hon. -S. F. Prouty, Judge. Suit at law to 'recover upon an accident insurance policy issued to Alves C. Tillman, wbo was injured in an accident in December,' 1901, while the policy was in force, and who died in February, 1902, as the plaintiff claims, solely from the effects thereof. The defendant is an assessment association, and its by-laws, which form a part of its contract of insurance, provided as follows: “ No benefit shall accrue or be paid * * * for any death * * * or disability happening directly or indirectly, wholly or in part. accidental or…
1Opinion of the CourtSherwin, J.
1. Accidental death: evidence. A thorough post-mortem examination disclosed the fact that A. C. Tillman was afflicted with endocarditis at the time of his death, and there was much testimony offered by the appellant which tended ^ strongly to sustain its claim that this disease, and not the injury received in the accident, was the cause thereof. It is ably and exhaustively argued that the judgment should not be permitted to stand; because of the insufficiency of the evidence supporting the verdict, and we are insistently asked to reverse-, on account thereof. We have given the record in this…
2Cases cited14 opinions
- Aetna Life Ins. Co. v. WardSupreme Court of the United States · 1891
- State v. PorterSupreme Court of Iowa · 1871
- State v. TippetSupreme Court of Iowa · 1895
- Hawley v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1886
- Scagel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1891
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3Cited by5 opinions
- Browning v. Equitable Life Assur. Soc.Utah Supreme Court · 1938
- Snearly v. McCarthySupreme Court of Iowa · 1917
- Jackovach v. YocomSupreme Court of Iowa · 1931
- Murgatroyd v. DudleyWashington Supreme Court · 1935
- Haradon v. SloanSupreme Court of Iowa · 1912