Krema v. Great Northern Life Ins. Co.

• Decision Date: 23 December 1938
• Docket Number: No. 31885.,31885.
• Citation: 204 Minn. 186,282 N.W. 822
• Parties: KREMA v. GREAT NORTHERN LIFE INS. CO.
• Court: Minnesota Supreme Court

282 N.W. 822

204 Minn. 186

KREMA v. GREAT NORTHERN LIFE INS. CO.

No. 31885.

Supreme Court of Minnesota.

December 23, 1938.

Appeal from District Court, Rice County; Jos. J. Moriarty, Judge.

Suit by Irene Krema against the Great Northern Life Insurance Company to recover on an accident policy. From an order denying defendant's motion for judgment, or for a new trial, the defendant appeals.

Order affirmed.

Rieke, Rieke & Rieke, of Minneapolis, for appellant.

Thos. H. Quinn, of Fairbault, for respondent.

LORING, Justice.

In a suit to recover as beneficiary on an accident insurance policy covering the life of her husband, James Krema, plaintiff had a verdict and the defendant comes here upon an appeal from an order denying its motion for judgment or a new trial.

Defendant company insured Krema: "Against loss resulting from bodily injuries effected, directly and independently of all other causes, through accidental means (suicide, sane or insane, is not covered) and against loss resulting from sickness due to disease, subject to all the provisions and limitations hereinafter contained."

The policy contained a further provision that: "If such injuries within ninety days from date of accident, result, independently and exclusively of all other causes, in the loss of life of the insured, the Company will pay $1,000.00 The Principal Sum."

There was a further provision of the policy that: "The accident insurance under this policy shall not cover accident, injury, disability, death or other loss caused directly or indirectly, wholly or partly, * * * by bodily or mental infirmity, by bacterial infections * * * or by any other kind of disease or medical or surgical treatment therefor, * * *."

Commencing Saturday, January 16, 1937, Krema was sick for approximately a week with what appeared to be influenza. There was evidence tending to prove that on the following Saturday morning the plaintiff found indications in the kitchen which tended to show that her husband had left his bedroom during the night and had gone down to the kitchen to prepare himself a cup of Ovaltine. The night previous he had sat up at the table for his supper and seemed to be feeling well. In the morning she found him irrational and immediately called a doctor, who found that Krema's temperature had gone up to 105 degrees and that he was afflicted with a rash like that of scarlet fever. In removing Krema's pajamas the doctor found a severe bruise on his left arm in the vicinity of...