Legal Opinion

Bowers v. Great Eastern Casualty Co.

Supreme Court of Pennsylvania

Decided January 7, 1918No. Appeal, No. 39PublishedCited by 21 opinions

Appeal, No. 39, Oct. T., 1917, by defendant, from judgment of O. P. Allegheny Go., April T., 1914, No. 1640, on verdict for plaintiff in case of M. E. Bowers v. Great Eastern Casualty Company. Assumpsit upon a policy of accident insurance. Before Evans, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,948.33, upon which judgment was entered. Defendant appealed.

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Appeal, No. 39, Oct. T., 1917, by defendant, from judgment of O. P. Allegheny Go., April T., 1914, No. 1640, on verdict for plaintiff in case of M. E. Bowers v. Great Eastern Casualty Company. Assumpsit upon a policy of accident insurance. Before Evans, J. The opinion of the Supreme Court states the case. Verdict for plaintiff for $5,948.33, upon which judgment was entered. Defendant appealed. Errors assigned were the charge of the court, the refusal of binding instructions for defendant and of defendant’s motion for judgment n. o. v.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

Action was brought to recover on an accident insurance policy issued by the defendant company to one Calvin B. Bowers, who lost his life in an automobile accident 27th August, 1913. The plaintiff in the action is the widow of the deceased and the beneficiary named in the policy. The company denied liability on the ground that accident and death, occurring as they did here, are not within the terms of the insurance contract; specifically, that the assured at the time the accident occurred was affected by intoxicants, that he was violating the law in maintaining…

2Cited by21 opinions

  1. Watkins v. Prudential InsuranceSupreme Court of Pennsylvania · 1934
  2. Miller v. Boston Insurance Co.Supreme Court of Pennsylvania · 1966
  3. Armon v. Aetna Casualty and Surety Co.Supreme Court of Pennsylvania · 1952
  4. O'Neill v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1942
  5. Zenner v. Goetz (Travelers Ind. Co.)Supreme Court of Pennsylvania · 1936

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