Aetna Life Insurance v. Milward
Court of Appeals of Kentucky
Case 90 — Action by Lessie M. Milwabd against the Aetna Life . Ins. Co. on a Policy Insuring Her Husband against Accidental Death. APPEAL FROM FAYETTE CIRCUIT COURT — -"WATTS PARKER, CIRBUrP JUDGE. JUDGMENT FOR PLAINTIFF AND DEFENDANT APPEALS.
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Case 90 — Action by Lessie M. Milwabd against the Aetna Life . Ins. Co. on a Policy Insuring Her Husband against Accidental Death. APPEAL FROM FAYETTE CIRCUIT COURT — -"WATTS PARKER, CIRBUrP JUDGE. JUDGMENT FOR PLAINTIFF AND DEFENDANT APPEALS. POINTS AND AUTHORITIES. 1 In an action to recover for death under ani accident insurance policy the burden is upon the plaintiff to prove that the death of the insured was caused by accidental means, even though the defense claims that it was due to suicide 'Whitlateh v. Fidelity and Casualty Oo„ 149 N. Y., 45 (43 N. E., 405); Fidelity and Casualty Co.…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Thi§ is an appeal from a judgment for $5,000 in favor of the appellee (plaintiff below), as the designated beneficiary in a policy insuring her husband, Charles S. Mil-ward, against accidental death. The defense, as made by the answer, consists of a denial that the death was the-result of an accident, and a claim that it was due to suicide. The principal points ,of complaint presented on this appeal are that the verdict was unauthorized by the evidence, that the petition was insufficient, and that competent evidence on appellant’s behalf was…
2Cases cited25 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Jones v. United States Mutual Accident Ass'nSupreme Court of Iowa · 1894
- Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
- Insurance Co. v. HigginbothamSupreme Court of the United States · 1877
- United States Life Insurance v. VockeIllinois Supreme Court · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Estate of DolbeerCalifornia Supreme Court · 1906
- Aetna Life Insurance v. BethelCourt of Appeals of Kentucky · 1910
- Cain v. StateCourt of Appeals of Georgia · 1937
- Union Central Life Ins. v. SpinksCourt of Appeals of Kentucky · 1904
- Mutual Life Ins. Co. of New York v. HattenCourt of Appeals for the Eighth Circuit · 1927
34 more not listed; retrieve them via the Exa API.