Evans v. Woodmen Accident Ass'n

Citations

• 102 Kan. 556
• 171 P. 643
• 1918 Kan. LEXIS 92

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Accident Insurance — School Teacher — Injury from Cutting Down Tree — No Change of Occupation. A clause in an accident insurance contract provided that if the insured was injured “while engaged temporarily or otherwise, in any occupation, work, risk or exposure classified by this Association as more hazardous than that under which this certificate is issued, or while doing any part of the work of any one so classified, I or my beneficiary shall be entitled only to the benefits provided by this Association in its classified tables for such increased hazard,” and the insured, who had been in charge of city schools for years and was classified in the certificate as superintendent of a city school, was accidentally killed while cutting down a tree, about six months after the end of the term of school, in order to obtain firewood for his father. Occasionally, while teaching and in vacations, he did some work on his farm near the school and some chores for his father. In a contest as to the extent of the benefits due, it is held that the clause quoted applies to occupations rather than to casual or incidental acts which might pertain to occupations other than those named in the certificate, and that, under the testimony in the case, the jury was justified in finding that the insured had not changed his occupation, and that the work he was doing when he was killed pertained as much to that of a teacher* as to that of a farmer.</p> <p>2. Same — Policy Obscure — Proper Construction. The general rule is that if the terms of an accident policy are obscure or open to more than one construction, that one which is more favorable to the insured must prevail.</p>