Schwindermann v. Great Eastern Casualty Co.
North Dakota Supreme Court
Action upon policy of accident insurance. Appeal from District Court, Stutsman County, J. A. Goffey, J. Where a casualty insurance company policy provides that it shall not cover loss from injuries, fatal or otherwise, resulting wholly or in part, directly or indirectly, from hernia, the assured sustains injury by falling and this is followed by hernia, the loss is partly due, or indirectly due, to hernia, and no recovery can be had.
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Action upon policy of accident insurance. Appeal from District Court, Stutsman County, J. A. Goffey, J. Where a casualty insurance company policy provides that it shall not cover loss from injuries, fatal or otherwise, resulting wholly or in part, directly or indirectly, from hernia, the assured sustains injury by falling and this is followed by hernia, the loss is partly due, or indirectly due, to hernia, and no recovery can be had. Kelsey v. Continental Casualty Co. 131 Iowa, 207, 8 L.R.A.(N.S.) 1014, 108 N. W. 221; Sweeney v. National Relief Assur. Asso. 52 Misc. 144, 101 N. Y. Supp. 797;…
1Opinion of the CourtBirdzell, J.
This is an action upon a policy of casualty insurance which was, by stipulation, tried before the district court of Stutsman county without a jury, resulting in a judgment in favor of the plaintiff for $501.97, interest from August 21, 1916, at 6 per cent and costs. The defendant appeals from the judgment. The facts are as follows:
The plaintiff applied to the defendant for certain accident and sickness insurance, and on August 7, 1915, the defendant company issued a policy for which plaintiff paid a premium-of $24. The application was solicited by an agent of the defendant company while the…
2Cases cited7 opinions
- Atlanta Accident Ass'n v. AlexanderSupreme Court of Georgia · 1898
- Maryland Casualty Co. v. HudginsTexas Supreme Court · 1903
- Travelers' Insurance v. MurraySupreme Court of Colorado · 1891
- Berry v. United Commercial Travelers of AmericaSupreme Court of Iowa · 1915
- Dailey v. Preferred Masonic Mutual Accident Ass'n of AmericaMichigan Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Meyer v. National Fire InsuranceNorth Dakota Supreme Court · 1936
- Rorabaugh v. Great Eastern Casualty Co.Washington Supreme Court · 1921
- Ballam v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
- Horswill v. North Dakota Mutual Fire InsuranceNorth Dakota Supreme Court · 1920
- Reeves v. National Fire InsuranceSouth Dakota Supreme Court · 1919
3 more not listed; retrieve them via the Exa API.