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Masonic Acc. Ins. Co. v. Jackson

Supreme Court of Indiana

January 23, 1929, Filed

No. 25,711.

Opinion

 [*473]   [**628]  Willoughby, J.--This was an action brought on an insurance policy by Leona Jackson, appellee, who was the beneficiary. It appears from the facts alleged in the complaint that the defendant is an insurance corporation duly organized under and pursuant to the laws of the State of Massachusetts, and is now and at all times has been engaged in insuring persons against loss by accident and accidental death.

On June 25, 1919, under the corporate name of Masonic Mutual Accident Insurance Company, appellant executed to one Joseph L. Jackson, its policy whereby the company insured said Jackson beginning at 12 o'clock noon on that day and to continue thereafter so long as said Joseph [***2]  L. Jackson,  [**629]  should pay a quarterly premium of $ 6. A copy of said policy is filed and made a part of the complaint. That said defendant promised, in the event of bodily injuries resulting in the death of said Joseph L. Jackson, caused solely by accidental means, to pay this plaintiff, the wife of said Jackson, the sum of $ 1,200, plus a yearly increased accumulation of ten per cent. of said amount for each full year that the said policy was maintained continuously in force until July 1, 1923. That said policy continued and remained in force from its date to and upon April 29, 1923. That  [*474]  on April 29, 1923, and while said policy was in full force and effect, the said Joseph L. Jackson received a bodily injury caused solely by accidental means, to wit: that while riding as a passenger in an aeroplane, the pilot of said aeroplane, one Ralph Hunting, lost control of said aeroplane and thereby accidentally allowed the same to crash to the earth, and that the violence of the contact of the said aeroplane with the earth caused a part of said aeroplane accidentally to forcefully, and with great violence, strike the head of said Jackson, and then and there to leave a [***3]  visible contusion upon the head of him, the said Jackson, which said injury caused concussion of the brain, from which said Jackson died the following day after said accident and injury. That from said 25th day of June, 1919, continuously to, and at the time of the death of said Joseph L. Jackson, plaintiff was his wife. That the said Joseph L. Jackson and this plaintiff each duly performed all of the conditions of the said policy to be by them performed. That said plaintiff gave immediate notice of said injury and death to said defendant and that said plaintiff furnished to defendant due proof of loss as required by said policy as soon as blanks were furnished her by said defendant. That, more than sixty days before the commencement of this action, the plaintiff filed proof of loss in accordance with the requirements of said policy, but the defendant has not paid the sum due under said policy and has refused to pay said sum. That on June 19, 1923, the defendant, by its letter in writing to this plaintiff, denied any liability to plaintiff under said policy that of the false claim and statement of defendant, and because said death was not one insured against by said policy, and thereby [***4]  defendants waived proofs of death and any defects or omissions in the notice of death and proofs of death theretofore furnished by plaintiff to defendant. Plaintiff says that the said death of said Joseph L. Jackson, was not caused  [*475]  or contributed to by the said Jackson, wholly or in part, by the use of intoxicating liquors, or narcotics, or intentionally, or while the said Jackson was engaged in aviation or ballooning, or by suicide or any attempt thereat, . . . or by any other means whatsoever excepted by said policy.

It is further alleged in said complaint that on June 25, 1919, the defendant was engaged in said business of insurance by and under the corporate name of Masonic Mutual Accident Insurance Company; that, when this action was commenced, the defendant was engaged in said insurance business by the name and style of "Masonic Accident Insurance Company"; that, by due form of law, said defendant has changed its corporate name to Monarch Accident Insurance Company, since this action was commenced. And that the corporate name of said defendant now is Monarch Accident Insurance Company. That said Masonic Mutual Accident Insurance Company, said Masonic Accident Insurance [***5]  Company and said Monarch Accident Insurance Company are one and the same corporation.

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200 Ind. 472 *; 164 N.E. 628 **; 1929 Ind. LEXIS 76 ***; 61 A.L.R. 840

Masonic Accident Insurance Company v. Jackson.

Prior History:  [***1]  From Marion Superior Court (A22,391); Sidney S. Miller, Judge.

Action by Leona Jackson against the Masonic Accident Insurance Company (now Monarch Accident Insurance Company). From a judgment for plaintiff, the defendant appealed to the Appellate Court. (Transferred to Supreme Court under § 1357 Burns 1926.)

Disposition: Affirmed.

CORE TERMS

insured, aeroplane, passenger, insurance company, riding, words, aeronautics, accidental, aviation, military service, take part, demurrer, liquors, killed

Transportation Law, Air & Space Transportation, Airports & Airways Development Act, Airports, General Overview, Airspace, Commercial Airlines, Insurance Law, Claim, Contract & Practice Issues, Policy Interpretation, Life Insurance, Exclusions, Contracts Law, Defenses, Ambiguities & Mistakes, Exclusions, Ambiguous Terms, Construction Against Insurers, Reasonable Expectations, Reasonable Person, Accidental Death