124 Iowa 277 | Iowa | 1904
In tbe application for tbe policy • on ■which this action was brought, tbe assured stated that bis occupation was “ dealer in pumps and well supplies.” It is set out in tbe answer that tbe assured died within a year after tbe policy was taken, .by reason of an explosion result
This policy grants freedom of occupation after one year from date of issue without prejudice to claim, except that military service in time of war is forbidden, unless a permit has been previously obtained; in case of death from service in war without such permit, the society shall pay, on receipt of proof, the reserve on the within policy only. The following occupations are risks not 'assumed by this society during the first year: Blasting, mining, submarine labor, aeronautic ascensions, the manufacturing,, handling or transporting of inflammable or explosive substances, service upon railroad trains in switching or coupling cars, self-destruction or death in consequence of violation of law during the first year are risks not assumed by this society.
It is conceded by counsel for appellant that there was no change of occupation on the part of the assured such as to render the policy void under any stipulation found therein; that is, there was not a change of general occupation, by which the company was relieved from liability according to the stipulations as to occupation usually found in life or accident policies, by reason of the fact that the assured was engaged at the time of his death in the doing of some act not incident to the occupation specified in the policy. Holiday v. American Mutual Accident Association, 103 Iowa, 178. But it is contended that the language quoted from the policy in question does not refer to a change of general occupation from that specified in the policy, but is to be construed' as an exemption from liability for death resulting from particular classes of risks; in other words that when the assured handled dynamite, even in the prosecution of his general occupation of dealing in pumps and well supplies, he incurred a risk not assured by the defendant under the
The simple question, then, is whether, in saying that
Without further amplification, it is sufficient to say that we do not think the risk of using a stick of dynamite in the attempt to remove a well casing while engaged in the prosecution of the business specified in* the contract constituted a risk excluded by the policy under the language relating to the occupation of handling explosives, and the judgment of the trial court is therefore affirmed.