Ætna Life Ins. v. Dunn

Citations

• 138 F. 629
• 71 C.C.A. 79
• 1905 U.S. App. LEXIS 3812

Syllabus

<p>1. Accident Policy — Injuby Sustained in a Given Occupation.</p> <p>Where a party obtains a policy of insurance against injury by accident, specifying the occupation of the assured to be that of a druggist, deemed to be a select risk, and that of a farmer of supervising farmer only is specified as a more hazardous risk, calling for a larger premium, and thereafter the drug store of the assured was destroyed by fire, whereupon the assured moved upon a tract of land entered as a homestead, into a house built by him thereon, which he thereafter occupied with his family as his home, and superintended the construction of a barn thereon, and caused to be fenced and broken and cultivated 40 acres of the land thereof, under his supervision, for a period of six months; and was preparing for further cultivation of the land at the time of his injury, and for eight months prior to such injury had no connection with the business of a druggist, his occupation was that of a supervising farmer, and not that of a druggist, within the meaning of the policy.</p> <p>[Ed. Note. — Accident insurance, risks, and causes of loss, see note to National Acc. Soc. v. Dolph, 38 O. O. A. 3.]</p> <p>2. Same — Occupation.</p> <p>The term “occupation,” as employed in the policy, implies simply that which at the time of the accident constitutes the assured’s principal business or pursuit; that which engages his attention and time, as destinguished from that which is incidentally connected with the life of men in any or all occupations.</p> <p>3. ' Same — Continuance.</p> <p>The fact that the assured for some time after the destruction of his drug store was engaged in proving and collecting a claim for loss under a policy of insurance on the drugs, and from time to time attended to the collection of accounts connected therewith, and entertained the purpose to resume the business of a druggist after he had made sufficient improvement on and had occupied his homestead for a sufficient length of time