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TRAVELERS PROTECTIVE ASSN. V. PRINSEN, 291 U. S. 576 (1934)

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U.S. Supreme Court

Travelers Protective Assn. v. Prinsen, 291 U.S. 576 (1934)

Travelers Protective Association of America v. Prinsen

No. 429

Argued February 9, 1934

Decided March 5, 1934

291 U.S. 576

Syllabus

A certificate of membership in a fraternal benefit association providing benefits for accidental death exempts the association if death occur "when" a member is "participating" in the transportation of explosives. In this case, the assured, an officer of a powder company, for the purpose of making delivery of a large quantity of dynamite caps ordered by a customer, rode in the customer's truck, driven by the customer's agent, from the company's office to the company's magazine beyond the city limits, where the goods were loaded on the vehicle. On the return trip to the office, where the assured was to be let off, the truck, still driven by the agent, was in collision with a train. There was an chanroblesvirtualawlibrary

Page 291 U. S. 577

immediate explosion, the truck was destroyed, and the assured was blown to pieces.

Held:

1. At the time of his death, the assured was "participating" in the moving or transportation of the dynamite caps within the meaning of the certificate, and there could be no recovery on the certificate. P. 291 U. S. 579.

2. The assured was more than a voluntary guest on the vehicle; he was a business "invitee." P. 291 U. S. 580.

3. To exempt the insurer, it was not necessary to find a causal connection between the death and the forbidden act, since the effect of that act was to aggravate the hazard in the very event that happened. P. 291 U. S. 581.

65 F.2d 841 reversed.

Certiorari, 290 U.S. 618, to review & judgment reversing a judgment for the Protective Association in a suit brought by the beneficiary upon a certificate of membership.





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