Funk

Funk v. Ætna Life Ins.

Good Law
20 F. Supp. 90·1937 U.S. Dist. LEXIS 1546
United States District Court, Southern District of CaliforniaJanuary 13, 1937No. 7255-CCalifornia1,442 words

Opinion

Lead Opinion

Cosgrave, J.

Insurance was extended to the insured as one in the occupation of “checker, office and travelling duties.” He changed his occupation without notice to the insurer to that of “an oil well pumper.” This latter *91 occupation is not specified as a distinct occupation under defendant’s present classification of risks further than to designate an occupation as “pump man” under the general heading “oil well and refinery employees.” The insured continued in his occupation of oil well pumper until his accidental death which occurred while engaged in recreation, namely, fishing.

In the classification of risks existing on the date of the policy, the insured’s original occupation was classified as a preferred risk, although the occupation was not given a specific classification. “Pump man” was classified as “medium risk” for a maximum insurance of $2,000. By the classification filed on May 5, 1934, “pump man” was classified as a medium risk with maximum of 52,000.

The vital provision of the policy in dispute is found under “Standard Provisions,” subdivision 1: “This policy * * * contains the entire contract * * * except as it may be modified * * * in the event that the insured is injured…

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