Montgomery v. Continental Casualty Co.

Citations

• 9 Teiss. 329
• 1912 La. App. LEXIS 84

Syllabus

<p>I. Where the injury and consequent loss are simultaneous, no weekly indemnity can be recovered by the assured under a clause of the policy which provides for the payment thereof, “for the period intervening between the date of the injury and the occurrence of the loss.”</p> <p>2. Under an accident policy stipulating that for injury sustained while doing an act or thing pertaining to an occupation classified as more hazardous than that of assured, he shall receive only such amount for the particular accident as could be drawn by a member insured in such more hazardous occupation, an assured, classified as a draftsman, with office and traveling duties only, and accidently injured while engaged in operating a press drill, being an act pertaining to an occupation classified as more hazardous, namely, that of machinist, is entitled to recover only the amount that would be paid to one engaged in the latter occupation.</p> <p>St. Paul, J., dissents.</p>