Rorick v. Railway Officials' & Employees' Acc. Ass'n
Citations
- 119 F. 63
- 55 C.C.A. 369
- 1902 U.S. App. LEXIS 4638
Syllabus
<p>1. Accident Insurance—Construction oe Policy—Notice oe Accident.</p> <p>An accident policy, insuring only against “physical bodily injury resulting in disability or death,” contained a provision that “notice of the accident causing the disability or death shall be given in writing * * * within 15 days from the date of the accident causing the disability or death, * * * and failure to ■ give such notice* within said time shall render void all claims under this policy.” Held, that under such policy the time for giving notice did not commence to run until either disability or death resulted from an injury, until which time there was no “accident causing disability, or death,” which brought the case within its-terms, and that where an insured received a blow on the head which did -not cause disability at the time, and was regarded as a trivial injury, but which resulted a few days later in both disability and death, a notice given four days after his death and within 10 days after his disability was in time.</p> <p>8. Same—Accident Producing Death—Immediate Disability.</p> <p>An accident policy provided that the insurance thereunder should “extend only to physical bodily injury resulting in disability or death, * * * effected * * * solely by reason of and through external, violent, and accidental means, * * * which shall, independently of all other causes, immediately, wholly, totally, and continuously from the date of the accident causing the injury disable the insured, and prevent him from doing and performing any work,” etc. It further provided that there should be no liability for more than one of the losses specified, on payment for any one of which the policy should terminate, and the first loss specified was “loss of life occurring within 90 days from the date of the accident causing the fatal injury.” Held, that such provisions could not be construed to exempt the insurer from liability for death resulting from an accidental injury within 90 days, because suc
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that class certification has been granted “in almost every case” involving an alleged “violation of the integration mandate of the ADA”
- observing that “in almost every case [of this type] . . . courts have certified a class.”
- noting that class certification has been granted “in almost every case” involving an alleged “violation of the integration mandate of the ADA”
- “[A]fter Wal-Mart, several courts have certified class actions in ADA or Rehabilitation Act cases.”
- “[I]n almost every case involving a challenge under Title II of the ADA and/or Section 504 of the Rehabilitation Act to discrimina- tory governmental policies and practices, courts have certified a class.”
- “[I]n almost every case involving a challenge under Title II of the ADA and/or Section 504 of the Rehabilitation Act to discriminatory governmental policies and practices, courts have certified a class.” (citing 7 Newberg on Class Actions § 23:10 (4th ed. 2011))
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilbert, Ross
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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