{
  "id": 5382430,
  "name": "Theofila Galewski, Appellee, v. Clover Leaf Casualty Company, Appellant",
  "name_abbreviation": "Galewski v. Clover Leaf Casualty Co.",
  "decision_date": "1915-02-24",
  "docket_number": "Gen. No. 20,335",
  "first_page": "496",
  "last_page": "498",
  "citations": [
    {
      "type": "official",
      "cite": "191 Ill. App. 496"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 308,
    "char_count": 4120,
    "ocr_confidence": 0.512,
    "pagerank": {
      "raw": 8.343491648654731e-08,
      "percentile": 0.48090351985772145
    },
    "sha256": "2f89a2162d7a76a931043a160680cba102c32fcfb018ce5403b0714b571ae8e1",
    "simhash": "1:043681b1510a7254",
    "word_count": 680
  },
  "last_updated": "2023-07-14T16:18:11.463405+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Theofila Galewski, Appellee, v. Clover Leaf Casualty Company, Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Gridley\ndelivered the opinion of the court.\n4. Pusadotg, \u00a7 200 \u2014operation of demurrer to admit facts only well pleaded. Where an accident insurance policy was set out in the declaration in haee verha, and from such policy it appeared that only a portion of the amount claimed could be due under its terms, a demurrer will not admit the amount claimed as a fact, since it does not appear to be a fact on the whole record, apart from the rule that a demurrer does not admit the amount claimed in the declaration.",
        "type": "majority",
        "author": "Mr. Justice Gridley"
      }
    ],
    "attorneys": [
      "Bradley, Harper & Eheim, for appellant; Samuel A. Harper, of counsel.",
      "S. P. Douthart and Fred C. Smith, for appellees; Guerin & Barrett, of counsel."
    ],
    "corrections": "",
    "head_matter": "Theofila Galewski, Appellee, v. Clover Leaf Casualty Company, Appellant.\nGen. No. 20,335.\n(Not to be reported in full.)\nAppeal from the County Court of Cook county; the Hon. David T. Smiuey, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.\nReversed and remanded.\nOpinion filed February 24, 1915.\nStatement of the Case.\nAction by Theofila Galewski against Clover Leaf Casualty Company upon an accident insurance policy. From a judgment against defendant for one thousand dollars in favor of plaintiff, defendant appeals.\nThe insured died on October 21, 1912, and the suit was commenced on February 18, 1913. Paragraph \u201cA\u201d of the policy, entitled \u201cSpecific Losses,\u201d was in part as follows:\n\u201cIf any of the following specific disabilities shall result solely from such injuries, within 60 days from date of accident, the Association will pay in lieu of all other indemnities under this policy.\nFor Loss of Life....................Principal Sum, For Loss of Both Hands by Severance at or above the wrist.............'----Principal Sum, * * * ##### For Loss of Entire Sight of One Eye, if irrecoverably lost................1/5 Principal Sum.\nAbstract of the Decision.\n1. Insurance, \u00a7 110 \u2014effect of insurer\u2019s failure to pay instalment accrued. In an action on an accident insurance policy, the failure or refusal of the insurer to pay the first instalment when it becomes due does not necessarily cause the entire principal sum to accrue.\n2. Insurance, \u00a7 502*\u2014when policy not payable in lump sum. Accident policy construed as providing for payment of principal sum, in case of death due to certain causes, in monthly instalments and not in a lump sum.\n3. Insurance, \u00a7 667*\u2014evidence insufficient to show death by accidental means. Where it appeared that the insured was driving in a buggy which was struck by a street car, the buggy apparently not being damaged nor the insured injured, and the insured subsequently drove away in the buggy, and after he had worked several days a physician was called who found him unconscious, the patient dying shortly thereafter, and the coroner\u2019s verdict introduced in evidence stated he died from septic meningitis, by extension from septic otitis media, following injuries when his buggy was struck by a street car, the testimony conflicting as to whether his death was the result in whole or in part from the injuries claimed to be due to the collision, held that the evidence was insufficient to support a verdict on the theory that the insured\u2019s death was caused through external, violent and accidental means.\nThe payment of all amounts for specific disability in Paragraph \u2018A\u2019 shall be made to the insured or to his Beneficiary, if surviving, or in the event of her prior death, to the legal heirs of the insured in installments of Twenty-five Dollars on the first day of each month until the full disability claim is paid, * * *\u201d\nThe words \u201csuch injuries,\u201d as used in paragraph \u201cA\u201d, apparently had reference to the preceding paragraph of the policy where it appeared that the insurance was \u201cagainst Bodily Injuries, effected directly and independently of all other causes and solely through external, violent and accidental means (suicide whether sane or insane is not covered).\u201d\nBradley, Harper & Eheim, for appellant; Samuel A. Harper, of counsel.\nS. P. Douthart and Fred C. Smith, for appellees; Guerin & Barrett, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Yols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0496-01",
  "first_page_order": 540,
  "last_page_order": 542
}