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Published online by Cambridge University Press: 22 April 2013
Accident Insurance is of comparatively recent growth. In 1880 there were only ten accident insurance offices in the United Kingdom, and the business was chiefly in the hands of one company, the Railway Passengers Assurance Company. Since then the premium income for accident insurance has been trebled, and a large number of new companies, such as the Scottish Employers, and the Northern Accident Company, have been established, in consequence, mainly, of the great impetus given to the business of accident insurance by the passing of the Employers' Liability Act of 1880. Various changes have been introduced into accident policies during this period, in the direction chiefly of increased compensation without additional premium. In 1850, the Accidental Death Insurance Company introduced policies covering temporary disablement in addition to the ordinary fatal risks. The Scottish Life Assurance Company was the first to make the full sum insured payable in the case of permanent total disablement as well as in the case of death, and the half of the sum insured where the disablement was permanent but only partial. Under a system recently introduced by the Scottish Accident Insurance Company, the compensation in the latter case takes the form of a pension for life. When the disablement is not permanent, it is usual to allow so much a week till a cure is effected, the period being restricted in all cases to twenty-six weeks for any one accident.
page 306 note a 16 Rettie 630.
page 308 note a South Staffordshire Tramways v. Sickness and Accident Assurance Association, L. R. [1891], 1 Q. B. 402.
page 309 note a Shilling v. Accidental Death Ins. Co., 2 H. & N. 42.
page 309 note b Sickness and Accident Assurance Association v. General Accident Assurance Corporation, 19 Rettie 977; see Lecture I.
page 309 note c Tarleton v. Staniforth, 5 T. R. 695; Salvin v. James, 6 East 571, cases. of Fire Insurance; Simpson v. Accidental Death Insurance Company, 2 C. B. (N. S. ) 257, an accident case.
page 309 note d Hamlyn's case, cited infra.
page 310 note a Sinclair v. Maritime Passengers Assurance Company (1861) 30 L. J. (N. S.) Q. B. 77.
page 310 note b Hamlyn v. The Crown Accident Insurance Company, L. R. (1893), 1 Q. B. 750.
page 311 note a 19 Rettie 355.
page 312 note a See also Mutual Accident Association v. Barry, 131 U.S. 100, where the Supreme Court of the United States took the same view as the Court of Appeal in Hamlyn's case.
page 312 note b Trew v. The Railway Passengers Assurance Company, 6 H. & N. 839.
page 313 note a (1890) 17 Rettie 955.
page 313 note b Hutchcraft v. Traveller's Ins. Co., 12 Am. St. R. 484; Richards v. Traveller's Ins. Co., 23 Am. St. R. 455, 458.
page 314 note a 6 Q. B. D. 42.
page 314 note b 22 Law Times Reps. (N. S.) 820.
page 314 note c 7 Q. B. D. 216.
page 315 note a (1889) 22 Q. B. D. 504.
page 316 note a (1864), 17 C. B. (N. S.) 122.
page 317 note a See also Freeman v. Mercantile Mut. Accident Association, 156 Mass. 351.
page 317 note b Smith v. Accidental Ins. Co., 1870, L. R. 5 Exch. 302.
page 318 note a 1889, 17 Rettie 6.
page 318 note b Standard Life and Accident Ins. Co. v. Jones, 94 Ala. 434.
page 318 note c 23 Q. B. D. 453, 456.
page 318 note d Tuttell v. Travellers' Ins. Co., 134 Mass. 175.
page 319 note a Wilson v. North-Western Mutual Accident Association, 55 North-Western Reporter, 626.
page 319 note b Patton v. Employers Liability Assurance Company, 20 L.R. Ireland, 93.
page 319 note c Stoneham v. Ocean Railway and General Accident Insurance Company, 19 Q. B. D. 237.
page 319 note d 16 Rettie 1014.