Gainor v. St. Lawrence Life Ass'n
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in plaintiff’s favor for $24, besides costs, rendered by the justice of the Eighth District Court, in an action upon a policy of insurance against bodily injury, sickness- and death. The policy was* dated August 24, 1896, and insured against “ total disability from bodily injury in the sum of $12 per week,” and against “ total disability (confinement to the bed) caused, by sickness in the sum of $6.40 per week.”
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Appeal from a judgment in plaintiff’s favor for $24, besides costs, rendered by the justice of the Eighth District Court, in an action upon a policy of insurance against bodily injury, sickness- and death. The policy was* dated August 24, 1896, and insured against “ total disability from bodily injury in the sum of $12 per week,” and against “ total disability (confinement to the bed) caused, by sickness in the sum of $6.40 per week.” The plaintiff claimed, for sickness from January 25th to February 21st, 1897.
1Opinion of the CourtDaly, P. J.
The plaintiff was ill for about four weeks from-malaria and sought to recover the weekly payments specified in the policy for “ total disability (confinement to the bed) from sickness.” His claim is opposed upon the following grounds, based upon provisions of the policy: (1.) That the “total disability insured against must be evidenced by actual confinement to bed ”; and the policy also provides “ that seven full days’ confinement to bed shall constitute a week’s sickness .* * * and no indemnity will be paid for a less period; ” and the conceded fact is that the plaintiff, although suffering…
2Cited by3 opinions
- Bradshaw v. American Benevolent Ass'nMissouri Court of Appeals · 1905
- Pirscher v. Casualty Co. of AmericaCourt of Appeals of Maryland · 1917
- Liston v. New York Casualty Co.Appellate Terms of the Supreme Court of New York · 1899