Davern v. Travelers Equitable Insurance

Action on a personal accident and health policy to recover sick benefits. After trial without a jury and findings for defendant plaintiff appeals from the judgment. The policy insures “against loss or disability” as therein defined. The disability for which recovery is now sought resulted from “confining sickness” contracted by the insured during the term of the policy. Indemnity is also provided for nonconfining sickness “contracted by the insured” during that term.

The insured, Mr. Davern, within the term of the policy, contracted a disease with which he was continuously afflicted until his…