McCormack v. Illinois Commercial Men's Ass'n
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern District of Illinois, Eastern Division. This is a common-law action brought by the plaintiffs in error against the defendant in error upon a policy of accident insurance issued to the late Patrick E. Murphy in his lifetime.
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In Error to the Circuit Court of the United States for the Northern District of Illinois, Eastern Division. This is a common-law action brought by the plaintiffs in error against the defendant in error upon a policy of accident insurance issued to the late Patrick E. Murphy in his lifetime. By the law of the association, which became practically embodied into the policy, it was provided that when a member in good standing should, through external violence and accidental means, receive bodily injuries which would, independently of all other causes, result in the death of such member, there…
1Opinion of the CourtQuarles, District Judge
(after stating the facts as above). The issue in this case is harrow and simple. Evidence was offered at the trial tending to prove an injury from external, accidental causes, sufficient to produce death in the case of a healthy person. On the other hand, evidence was received which tended to show that the assured was by his condition and habit of life predisposed to an attack of apoplexy, although no affirmative showing was made that he was actually suffering from any bodily ailment. It is claimed that certain facts appearing in evidence are consistent witli and calculated to sustain the…
2Cited by3 opinions
- Metropolitan Life Insurance v. JenkinsSupreme Court of Florida · 1943
- Abendroth v. Fidelity & Deposit Co.Indiana Court of Appeals · 1919
- Seipel v. Equitable Life Ins. Co. of IowaCourt of Appeals for the Seventh Circuit · 1932