Minear v. Benefit Association of Railway Employees

The opinion of the court was delivered by

Price, J.:

The ultimate question in this case concerns the liability of defendant insurance company under the provisions of a health and accident policy issued to plaintiff.

The policy, which provided for payment of $80 per month for a period not exceeding eighteen months for disability due to illness, was dated November 13, 1944. In the spring of 1946 plaintiff made claim for disability on account of a heart ailment and received from defendant company the monthly disability benefits for four consecutive months in accordance with the provisions of the…