Breen v. Great Western Acc. Ins. Co.

Decision Date23 November 1920
Docket Number33552
Citation179 N.W. 931,190 Iowa 1172
PartiesJOHN BREEN, Appellee, v. GREAT WESTERN ACCIDENT INSURANCE COMPANY, Appellant
CourtIowa Supreme Court

REHEARING DENIED FEBRUARY 16, 1921.

Appeal from Muscatine District Court.--M. F. DONEGAN, Judge.

ACTION upon a policy of accident insurance for the loss of life of the insured. The policy was set out in the petition. There was a demurrer to the petition, predicated upon the terms of the policy. The demurrer was overruled. The defendant electing to stand thereon, judgment was entered for the plaintiff. The defendant appeals, both from the ruling upon the demurrer and from the judgment.

Affirmed.

O. B Hartley and Nourse & Nourse, for appellant.

J. F Devitt, for appellee.

EVANS, J. WEAVER, C. J., PRESTON and SALINGER, JJ., concur.

OPINION

EVANS, J.

I.

The defendant company insures its policy-holders against loss and disability resulting from accident or sickness. It provides specific benefits for loss of life or loss of bodily organs, and monthly benefits for loss of time resulting from accidental disability or from sickness. It will be sufficient for the purpose of this discussion to set forth a part of the policy. The following is a copy of the first three sections thereof:

"This policy provides benefits for loss of time by sickness; or for the loss of life, limb, sight, or time by accidental means to the extent herein provided.

"[Oak Leaf]

"Principal Sum. Maximum Sum.

"$ 1,000.00 "Great Western $ 2,000.00

"Accident Insurance Company.

"Des Moines, Iowa, U.S. A.

"Section I.

"Insuring Clause.

"In consideration (1) of the payment of the policy fee of five and no/100 Dollars, and (2) of all the agreements and representations contained in the application herefor, a copy of which is attached hereto and made a part hereof, and (3) of the conditions and provisions contained herein and indorsed hereon, the Great Western Accident Insurance Company (hereinafter called the Company) hereby insures Kathryn L. Breen (hereinafter called the insured), of Chicago, state of Illinois, by occupation sales lady, office or sales ladies' duties, handling light goods at counter, under classification 'AA' from 12 o'clock, noon, standard time, at the place of residence of insured on the date of issuance hereof, and the payment herefor in cash or its equivalent, until 12 o'clock noon, such standard time, of the first day of May, 1919, and for such further periods stated in the renewal agreements, as the renewal premium of $ 1.75 per month, paid by the insured in advance, will maintain this policy in force: (1) Against the effect of personal bodily injury which produces disability from the date of the accident, and which, exclusive of all other causes, is caused solely and directly by external, violent and accidental means (suicide, or any attempt thereat, intentional self-inflicted injuries, or disappearance, while either sane or insane, are excluded from benefits hereunder); and (2) against disability resulting from sickness, the infection, inoculation and cause of which is contracted not less than thirty days after the issuance and acceptance of this policy or not less than ten days after reinstatement of same; said insurance to be paid in the amounts and under the conditions herein provided.

"Section II.

"Specific Benefits.

"If such accidental injury as defined in the insuring clause hereof, shall produce immediate and continuous total disability, and shall, within ninety days from the date of accident, result in one of the losses specified in this section, the company will pay to the insured or the beneficiary, in lieu of all other indemnity, as follows, to wit:

"1. Life one thousand dollars. The principal sum.

"2. Both hands (complete severance at or above wrists). The principal sum.

"3. Both feet (complete severance at or above ankles). The principal sum.

"4. Both eyes (entire and permanent destruction of sight). The principal sum.

"5. One hand and one foot (complete severance at or above wrist and ankle). The principal sum.

"6. One hand (complete severance at or above wrist). One half the principal sum.

"7. One foot (complete severance at or above ankle). One half the principal sum.

"8. One eye (entire and permanent destruction of sight). One fourth the principal sum.

"Section III.

"Benefits for Loss of Time.

"1. Monthly Accident Payment. If such accidental injury as defined in the insuring clause hereof (not including injuries resulting in losses named in Section II hereof) shall totally and continuously disable the insured from performing any and every kind of duty pertaining to insured's occupation, or to any occupation in which the insured may engage, the company will pay sixty & no/100 dollars per month (but not to exceed the average salary or earnings of the insured) during the period of such total disability, but not exceeding twenty-four consecutive months; or, in case such injury causes a material but not total loss of time, or if total disability does not immediately follow the accident, such disability indemnity shall accrue at a rate, according to the actual loss of time, not less than one fourth and not exceeding one half of the payment herein provided for total disability, and for a period not exceeding six consecutive months.

"2. Monthly Sickness Payment. If the insured shall suffer bodily disease or illness such as defined in the insuring clause hereof, except as hereinafter stated, the company will pay for the loss of time necessarily resulting from such sickness at the rate of sixty & no/100 Dollars per month (but not to exceed the average salary or earnings of the insured) for a period not exceeding six consecutive months, for the number of consecutive days that the insured is totally disabled and wholly and continuously confined within the house and prevented from performing any and all duties pertaining to insured's occupation, and while regularly visited within the house by a licensed physician; or if the insured shall be totally disabled although not confined to the house and while under the care of a licensed physician by reason of such disease or illness, the company will pay one half the amount provided herein for confining sickness, not exceeding two consecutive months, but such payment for both confining and nonconfining sickness shall not exceed six consecutive months for any one sickness.

"3. Covered as Sickness. Any disability or loss hereinbefore defined, caused by or resulting wholly or in part, directly or indirectly, in or from carbuncles, boils, felons, abscesses, ulcers, infection (external infection of accidental injuries such as defined in Section I, the insuring clause hereof are construed as accidents), cancer, gas, poison, anaesthetics, embolism, fits, vertigo, hernia, sunstroke, freezing, lame or sprained back, strains, sciatica, lumbago, over-exertion, dementia or insanity or any injury complicated with disease, or any disability or loss where there is no wound or contusion visible to the eye to show a violent and external cause of such disability, then and in every such case, said disability and any claim therefor shall be classified and treated as sickness and shall be subject to the provisions, conditions and limitations governing sickness insurance as set forth in Section III, Paragraph 2 hereof, the original cause of such disability or loss notwithstanding.

"4. Double Benefits. If such accidental injury as defined in the insuring clause hereof results in one of the losses specified in Section II or Paragraph 1 of Section III hereof (1) while the insured is a passenger within the inclosed part of any railway or street railway passenger car, or (2) while a passenger on board a steam vessel licensed for the regular transportation of passengers, and such injury shall be the result of the wrecking of such car or vessel, the company will pay double the amount provided in said section or paragraph for such injury or loss."

The demurrer is predicated upon the foregoing Section III, and particularly upon Paragraph 3 thereof. The petition set forth that the insured was accidentally asphyxiated by the escape of gas in her sleeping room, which resulted in her immediate death. The demurrer was put upon the following ground: That said petition shows upon its face that the said Kathryn L Breen's death was caused by "gas," and Exhibit A of said petition stipulates, among other things, that "any disability or loss hereinbefore defined, caused by...

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  • Breen v. Great W. Acc. Ins. Co.
    • United States
    • Iowa Supreme Court
    • November 23, 1920
    ...190 Iowa 1172179 N.W. 931BREENv.GREAT WESTERN ACC. INS. CO.No. 33552.Supreme Court of Iowa.Nov. 23, 1920 ... Appeal from District Court, Muscatine County; M. F. Donegan, Judge.Action upon a policy of accident insurance for the loss of life of the insured. The policy was set out in the petition. There was a demurrer to the petition, ... ...

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