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Publication Date

12-1951

Document Type

Survey Article

Abstract

The insurance opinions handed down during the survey period have dealt largely with questions of interpretation and have introduced no new doctrine.

In Hulsey v. Interstate Life & Accident Ins. Co. the beneficiary of an accidental death policy sued the insurer. The policy provided coverage among other situations if the accidental death occured on a steamship while the insured was traveling on a pass or as a fare-paying passenger. The plaintiff alleged that the insured was "lawfully" aboard a motor launch going out to the U.S.S. Kearsage when the accident occurred. The defendant company demurred and the Court of Appeals affirmed the sustaining of the demurrer. The Supreme Court affirmed the decision of the Court of Appeals on the ground that the petition failed to show that the accident was within the coverage of the policy. Subsequent to the Supreme Court decision but before the remittitur was sent down, plaintiff amended his petition in the trial court to allege that insured was a member of the Marine Corps riding the launch on a pass and that the launch was an integral part of the equipment of the U.S.S. Kearsage. The defendant again demurred and was overruled. Thus, once again, the case was before the Court of Appeals. This time is was held that the amendments corrected the defects pointed out in the Supreme Court opinion and brought the accident within the policy coverage.

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