Schmitt v. Massachusetts Protective Assn. Inc.

Action upon two health and accident policies issued by the defendant to plaintiff. The first policy is dated August 15, 1924, and provides for indemnity of $100 per week for total disability due to injury or disease. The second is dated May 15, 1925, and provides for -an indemnity of $50 per week. There was a verdict in favor of plaintiff. From an order denying its alternative motion for judgment or for a new trial, defendant appealed.

The policies are similar in form. In its answer the defendant denies that plaintiff’s disability was the result of illness originating within the period covered…