Merritt v. Great N. Life Ins. Co. of Milwaukee
| Decision Date | 08 October 1940 |
| Citation | 294 N.W. 26,236 Wis. 1 |
| Parties | MERRITT v. GREAT NORTHERN LIFE INS. CO. OF MILWAUKEE. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Circuit Court for Oconto County; Arold F. Murphy, Judge.
Reversed.
The action was commenced by the plaintiff, Roxane Merritt, against the defendant, Great Northern Life Insurance Company, to recover on an accident policy issued through Wisconsin Division of the American Automobile Association, to Arthur L. Merritt, in which she was named as beneficiary. Prior to the commencement of the action and in the action, the defendant denied liability, asserting that the accident which caused the death of Arthur L. Merritt, was not within the coverage of the policy. Trial was had to the court and a jury. Upon defendant's motion, the court directed a verdict in its favor, and ordered the entry of a judgment dismissing the complaint. From that judgment, entered February 20, 1940, the plaintiff appealed.
John B. Chase, of Oconto, and Lehner & Lehner and Adolph P. Lehner, all of Oconto Falls, for appellant.
Chadek, Cornelisen & Denissen, of Green Bay, for respondent.
The facts are not in dispute. On March 9, 1937, for a valuable consideration, the defendant issued and delivered to Arthur L. Merritt, an accident policy known as “A A A Special personal accident insurance policy.” Policies of that kind were issued exclusively to members of Wisconsin Division of the American Automobile Association. The policy covered certain specific losses and indemnities, if sustained within thirty days after the date of the accident causing such loss and in the manner described in the policy. On the first page of the policy appears the following language:
+---------------------------------------------------------------------+
¦For loss of¦Part 1 ¦Part 2 ¦Part 3 ¦Part 4 ¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦Steam ¦Steamboat¦Interurban, ¦Automobile ¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦Railroad ¦and ¦Street Car, ¦Animal drawn ¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦Accidents¦Steamship¦Elevated, ¦Vehicle, Pedestrian,¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦ ¦Accidents¦subway, Taxicab,¦passenger elevator, ¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦ ¦ ¦Motor Bus ¦Burning building, ¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦ ¦ ¦and Automobile ¦collapse of walls, ¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦ ¦ ¦State ¦Lighting, Cyclone, ¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦ ¦ ¦Accidents ¦Hurricane or Tornado¦
+-----------+---------+---------+----------------+--------------------¦
¦ ¦ ¦ ¦ ¦Accidents ¦
+-----------+---------+---------+----------------+--------------------¦
¦1. Life ¦$10,000 ¦$5,000 ¦$2,000 ¦$1,000.” ¦
+---------------------------------------------------------------------+
On page 2 of the policy is the following language:
“If such injury shall be sustained:
“(a) By the wrecking of any automobile of the exclusively private passenger type, lawfully registered and licensed as such, or of any animal drawn vehicle of the exclusively private passenger type, in which the insured is riding as driver or passenger, provided the insured is neither a hired driver of nor operating such automobile or vehicle while carrying passengers for hire or merchandise for a business purpose; or
“(b) By being struck, knocked down or run over while standing or walking in or on an open public street or highway, by any automotive or animal drawn vehicle (excluding injuries received while on a railroad right of way except on an established open public crossing thereof, or injuries received while working in or on a public street or highway or railroad right of way); or ***.”
On the back of the policy, in large heavy type, is the following:
On December 14, 1937, while the policy was in effect, the insured, Arthur L. Merritt, accompanied by the plaintiff, his wife, was driving his automobile along a highway in Illinois during a sleet storm. Sleet formed on the windshield and interfered with the driver's vision. Merritt drove his automobile onto the shoulder of the highway, off the concrete, and stopped it. The plaintiff got out of the car on the right side and attempted to...
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