Mabee v. Pacific Mutual Life Ins. Co.

CourtUnited States State Supreme Court of Idaho
Citation37 Idaho 681,219 P. 602
PartiesCAROLINE L. MABEE, Respondent, v. PACIFIC MUTUAL LIFE INSURANCE COMPANY, Appellant
Decision Date04 August 1923

ACCIDENT INSURANCE-INSURED NOT RESPONSIBLE FOR FATAL INJURY-INSTRUCTIONS-FALSE STATEMENT IN APPLICATION-KNOWLEDGE OF AGENT-KNOWLEDGE OF COMPANY-WAIVER.

APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge.

Action to recover upon an accident insurance policy. Judgment for plaintiff. Affirmed.

Judgment affirmed, with costs to respondent.

Herman H. Taylor, for Appellant.

Wm. J Costello, for Respondent.

FEATHERSTONE District Judge. McCarthy, Dunn, William A. Lee and Wm. E Lee, JJ., concur.

OPINION

FEATHERSTONE, District Judge.

--This is a companion case to Mabee v. Continental Casualty Co., ante, p. 667, 219 P. 598, it being an appeal from the district court in and for Bonner county, Idaho, from a judgment rendered by that court in the sum of $ 2,587.98 and costs on a directed verdict. Suit was brought by the respondent as beneficiary under an accident insurance policy issued by the appellant to Herbert M. Mabee, who was shot and killed on October 17, 1920, at Paradise, Montana.

In the policy of insurance, the defendant agreed to pay the beneficiary in said policy the principal sum with accumulations for loss of the assured's life as follows: "Against the effects of bodily injuries sustained during the term of this policy and caused solely by external, violent and accidental means." The policy was issued on June 15, 1918, and was in force October 17, 1920, the date of assured's death, by reason of a renewal certificate.

The policy, like the one in the companion case of Mabee v. Continental Casualty Co. provides in paragraph 17 of the provision that: "If the insured shall carry with another company, corporation, association or society, other insurance covering the same loss without giving written notice to the company, then in that case the company shall be liable only for such portion of the indemnity as said indemnity bears to the total amount of like indemnity of policies covering such loss and for the return part of the premium paid as shall exceed the pro rata of the indemnity thus determined."

The issues made up by the pleadings on the trial were as follows First, that the insured did not lose his life through injuries sustained and caused solely by external, violent and accidental means; second, that the insured, at the time he received the injury which resulted in his death, was carrying with the Continental Casualty Company an...

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