Liston v. New York Casualty Co.

The action is upon a policy of insurance issued in January, 1894, whereby the defendant insured the plaintiff, ■ *241among other things, against total disability caused by sickness, and in that event agreed to pay $10 per week against loss of time resulting therefrom.

One of the conditions indorsed on the policy and incorporated into the contract was the following:

“ No disability shall constitute a claim * * * where the claimant is able to leave his bed or house (in case»of disabling sickness) nor during any period of convalescence, nor when the attendance of a physician is not required every…