106 F. 822 | U.S. Circuit Court for the District of Kentucky | 1901
This action was brought by the widow of W. A. Sudduth, deceased, to recover upon two policies issued by the defendant, whereby it agreed to insure the deceased in the sum of $20,000 against loss “through external, violent, and accidental means.” By its answer the defendant seeks to avoid a „ recoyery upon the ground, stated generally, that it was not bound to pay the insurance, because the plaintiff had broken one of the essential conditions upon which it was made to depend by the express terms of the contracts. It is stated that each policy provided in the eighth clause or condition thereof “that any medical adviser of the company shall be allowed, as often as he requires, to examine the person or body of the assured in respect to the alleged injury or .cause of death.” It is also averred in the answer, in substance, that the defendant had no notice or knowledge of the death of the insured until after his burial, and that within a few days after the interment of the body of the insured the defendant demanded of the plaintiff, and of the executor of the de