Legal Opinion

Bradshaw v. American Benevolent Ass'n

Missouri Court of Appeals

Decided May 2, 1905PublishedCited by 15 opinions

Appeal from Laclede Circuit Court. — Eon. L. B. Wood-side, Judge. (1) Plaintiff testified that he was only occasionally confined to hed and that he was not necessarily and continuously confined to bed during- the time for which he claims benefits; that he was not physically, but was mentally impaired and never totally disabled physically.

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Appeal from Laclede Circuit Court. — Eon. L. B. Wood-side, Judge. (1) Plaintiff testified that he was only occasionally confined to hed and that he was not necessarily and continuously confined to bed during- the time for which he claims benefits; that he was not physically, but was mentally impaired and never totally disabled physically. Mental impairment is insanity and benefits therefor are excluded under paragraph three on the back page of the policy, either where the disability results directly or indirectly from insanity or happening while the plaintiff is insane. He was insured as “an…

1Opinion of the CourtGoode, J.

This is an action on a certificate of insurance, one of tbe “benevolent” variety. It was issued to tbe plaintiff November 16, 1900. Plaintiff was an editor of a newspaper doing office duty only, and was insured in that capacity. Tbe certificate promised insurance for total disability due to accidental violence at tbe rate of $25 a week; $600 indemnity for tbe loss of two limbs or both eyes and $300 indemnity for tbe loss of one limb or one eye, and tbe following indemnities for illness:

“After membership for ninety days without delin*437•quency immediately prior to the beginning of sickness,…

2Cases cited1 opinion

  1. Gainor v. St. Lawrence Life Ass'nAppellate Terms of the Supreme Court of New York · 1897

3Cited by15 opinions

  1. State Ex Rel. Commonwealth Casualty Co. v. CoxSupreme Court of Missouri · 1929
  2. Sheets v. Farmers & Merchants Mutual Life & Casualty Ass'nSupreme Court of Kansas · 1924
  3. Federal Surety Co. v. WaiteCourt of Appeals of Texas · 1927
  4. Purcell v. Washington Fidelity National InsuranceOregon Supreme Court · 1934
  5. Hays v. General Assembly American Benevolent Ass'nMissouri Court of Appeals · 1907

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