Kroner v. Order of United Commercial Travelers of Am.

• Citation: 176 Wis. 151,184 N.W. 1037
• Parties: KRONER v. ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA.
• Decision Date: 15 November 1921
• Court: United States State Supreme Court of Wisconsin

176 Wis. 151

184 N.W. 1037

KRONER

v.ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA.

Supreme Court of Wisconsin.

Nov. 15, 1921.

Appeal from Circuit Court, Juneau County; James O'Neill, Judge.

Action by Louise Kroner against the order of United Commercial Travelers of America. Judgment for plaintiff, and defendant appeals. Affirmed.

This action was brought to recover on an accident policy held by the deceased in the defendant order. Plaintiff contended that her husband's death was caused by drowning, the defendant contended that his death was caused by disease. The answer further sets up forfeiture of plaintiff's rights by reason of the cremation of her husband's body without first giving notice to the defendant order of the intention to cremate. The case was tried before the court and a jury. By a special verdict the jury found that the deceased received a bodily injury effected through external, violent, and accidental means; that his death was caused by his falling into a ditch and being drowned or suffocated in the mud and water; that his death was occasioned by such bodily injury alone and independent of all other causes.

[1] Certain questions involving the interpretation of the contract were raised in the case. In regard to these questions the court found: That the defendant issued the certificate of insurance and agreed to indemnify the beneficiary in case death resulted through external, violent, and accidental means, alone and independent of all other causes; that the contract provided for forfeiture in case of cremation without first giving seven days notice; that Fred Kroner died June 1, 1918, and his body was cremated on June 3, 1918; that the cremation was at the expressed wish of the deceased, and was done in good faith and without fraud; that plaintiff had no knowledge of the existence of the certificate of insurance until after the cremation; that on the 4th, 13th, and 29th days of June, 1918, the plaintiff gave separate notices in writing of the death of deceased to the Supreme Secretary of the defendant, giving the name and address of deceased, and stating the cause of death and full particulars of the accident; that the defendant failed, neglected, and refused to furnish blanks for proofs of death; that the defendant on July 2, 1918, in writing, notified Louise Kroner that it denied all liability to her as beneficiary under the certificate on the sole ground that the remains of Fred Kroner had been cremated...