Bean v. Travelers Insurance

Citations

• 94 Cal. 581
• 29 P. 1113
• 1892 Cal. LEXIS 733

Syllabus

<p>Accident Insurance — Proofs of Injury and Duration of Disability — Pleading—Insufficient Denial.—In an action upon an accident insurance policy, where the plaintiff alleged in his complaint that within three months after the accident he furnished affirmative proof of his injuries, and of the duration of his disability, an answer admitting that the plaintiff furnished the company with what purported to be affirmative proof, but averring that it did not amount to affirmative proof, states but a legal conclusion, and is not a sufficient denial of ‘the allegation.</p> <p>Id. —Objection to Form of Proofs—Inferential Statement—Waiver. —An objection to the form of the proofs presented, which might have been remedied, such as that the injury or disability was stated inferentially, and not directly, is waived if not specified by the company.</p> <p>Id. — Occupation of Capitalist — Disability — Instructions as to Other Occupations — Error without Injury. — In an action upon an accident insurance policy, which insured the plaintiff, “ under classification preferred (being a capitalist by occupation),” from any injuries disabling him from transacting any and every kind of business pertaining to his occupation stated, where the evidence showed, without conflict, that he was totally disabled from transacting any business whatever, and the jury found for the plaintiff, the judgment will not be reversed because of erroneous instructions given upon the question as to his disability to transact any business which a capitalist might reasonably be expected to follow, the error being without injury.</p> <p>Id.—Money Value oe Time in Occupation not Named.—Where the policy insured the plaintiff “in the sum of fifty dollars per week, against loss of time,” provided he recover nothing in excess of the money value of his time, and further provided that if he was injured in any other occupation more hazardous than that in which he was classed, his insurance was to be calculated at a differ