{
  "id": 5378212,
  "name": "Johanna Gertz, Defendant in Error, v. Clover Leaf Casualty Company, Plaintiff in Error",
  "name_abbreviation": "Gertz v. Clover Leaf Casualty Co.",
  "decision_date": "1916-01-17",
  "docket_number": "Gen. No. 21,581",
  "first_page": "462",
  "last_page": "465",
  "citations": [
    {
      "type": "official",
      "cite": "197 Ill. App. 462"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "char_count": 6000,
    "ocr_confidence": 0.552,
    "sha256": "d14b328692612350cc992cb45c90efa5e1a1b7847ac8971e2dd952921677b109",
    "simhash": "1:11f75031d19c7010",
    "word_count": 1000
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  "last_updated": "2023-07-14T16:24:45.151974+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Johanna Gertz, Defendant in Error, v. Clover Leaf Casualty Company, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice McSurely\ndelivered the opinion of the court.\n4. Insurance, \u00a7 421*\u2014when claim for payment for accidental death due to blood poisoning not within policy. Under a policy of accident and health insurance, which provides for a payment to beneficiary in case of the death of insured from sickness, a provision that disability resulting from ulcers and blood poisoning shall be classified as sickness excludes any claim for payments for accidental death, where it appears that insured died from an ulcer of the foot alleged to have been due to blood poisoning as the result of a lump of coal striking insured\u2019s foot.",
        "type": "majority",
        "author": "Mr. Presiding Justice McSurely"
      }
    ],
    "attorneys": [
      "Bradley, Harper & Eheim, for plaintiff in error; Samuel A. Harper, of counsel.",
      "Litzinger, McGurn & Reid, for defendant in error; Edward R. Litzinger, of counsel."
    ],
    "corrections": "",
    "head_matter": "Johanna Gertz, Defendant in Error, v. Clover Leaf Casualty Company, Plaintiff in Error.\nGen. No. 21,581.\n(Not to be reported in full.)\nError to the Municipal Court of Chicago; the Hon. Arnold Heap, Judge, presiding.\nHeard in this court at the October term, 1915.\nReversed.\nOpinion filed January 17, 1916.\nStatement of the Case.\nAction by Johanna Gertz, plaintiff, against the Clover Leaf Casualty Company, defendant, in the Municipal Court of Chicago, to recover on a policy of insurance. To reverse a judgment for plaintiff for $1,000, defendant prosecutes this writ of error.\nThe policy sued on was issued by a company which was succeeded by defendant, and was a health and accident policy, and plaintiff, the wife of insured, was named as beneficiary. The amount of the judgment was payable in ease of death caused by accident.\nIt appeared that while loading coal some lumps fell, striking Gertz on the feet or legs. At the time he gave no exclamation or indication of injury, but continued working, and neither then nor while delivering the coal or going home did Gertz mention coal falling on him. Witness was working on the opposite side of the wagon. The physician testified that the cause of death was diabetes mellitus, accompanied by a gangrenous condition of the foot incident to diabetic ulcer. It was amply proved that the insured had suffered for a long time from diabetes, and that for several years before his death had a diabetic ulcer of the foot, the ulcer being two inches broad and an inch long, exposing bones one-half inch to one inch deep. Insured meanwhile frequently complained about his foot. A few days before his death some of his fellow-workmen called on him, and to a suggestion that his foot hurt because coal dropped on it, Gertz replied: \u201cNo, I\u2019 don\u2019t know nothing about coal dropping on it, \u2019 \u2019 and, again, he said, \u201cI don\u2019t remember of any coal of any kind falling upon my leg.\u201d He was then apparently in full possession of his faculties.\nThe policy insured against, \u201cbodily injuries, effected directly and independently of all other causes and solely through external, violent and accidental means.\u201d It also provided: \u201cIn the event of * * * injury due wholly or in part to or resulting directly or indirectly in or from * * * any disease or bodily infirmity, or * * * infection in any form or manner. * * * The Association shall not be liable.\u201d A further provision is: \u201cDisability resulting from * * * abscesses, ulcers, and blood-poisoning, are classified as sickness, and are covered only under the sick benefit clauses of this policy.\u201d\nThe policy covered a variety of contingencies, with variant amounts to be paid, including not only death from accident, but loss of hands, feet, etc., indemnity while disabled from accident, partial disability, illness indemnity, and some eight or nine other contingencies, including death from sickness. It appeared that after insured died, plaintiff demanded payment of the \u201cillness indemnity\u201d of the policy. This was paid, as well as the amount payable, \u201cif the death of the member results from sickness,\u201d and she signed a receipt \u201cin full settlement of all claims.\u201d Plaintiff was assisted by her daughter, an intelligent girl twenty years of age. The action was tried by the court without a jury.\nAbstract of the Decision.\n1. Insurance, \u00a7 667 \u2014when evidence sufficient to sustain finding that insured did not die as result of an accident. In an action by the beneficiary named in a policy of accident insurance for the death of insured, alleged to be due to a lump of coal falling on insured\u2019s foot, evidence held to sustain a finding that insured did not come to his death by accident.\n\" 2. Insurance, \u00a7 421 \u2014-when insurer not liable under policy for death due to blood poisoning or infection. A policy of accident insurance providing that insurer should not be liable \u201cin the event of * * * injury due wholly or in part to or resulting directly* or indirectly in or from * * * any disease or bodily infirmity, or \u2022 * * * infection in any form or manner, * * * held expressly to except death due to blood poisoning or infection through insured\u2019s foot, alleged to have been caused by an injury due to the fall of a piece of coal on the foot.\n3. Insurance, \u00a7 488 \u2014when beneficiary estopped by settlement from maintaining action. In an action by the beneficiary named in a policy of accident and health insurance to recover the amount payable in case of the accidental death of insured, where the policy also provided for an \u201cillness indemnity,\u201d and an indemnity \u201cif the death of the member results from sickness,\u201d and where it appeared that after the death of insured plaintiff was paid the amounts required by the policy in the last-named cases, signing a receipt \u201cin full settlement of all claims,\u201d held that the action was barred, there being no evidence of fraud, and the right of action sought to be maintained depending upon contingencies and facts within the knowledge of plaintiff, so that she could settle with defendant on the basis of such knowledge, and, having done so, was precluded from asserting another claim.\nBradley, Harper & Eheim, for plaintiff in error; Samuel A. Harper, of counsel.\nLitzinger, McGurn & Reid, for defendant in error; Edward R. Litzinger, of counsel.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, sume topic and section number."
  },
  "file_name": "0462-01",
  "first_page_order": 484,
  "last_page_order": 487
}