Lustenberger v. Boston Casualty Co.

The plaintiff seeks to recover, in two actions, certain monthly indemnities under an accident insurance policy issued by the defendant. The consolidated bill of exceptions recites that, in the first action, the instalments alleged to be due are for the period between July 18, 1934, and April 24, 1935, and in the second action, for a period extending from April 23, 1935, to and including August 24, 1936. The amount of accident indemnity payable is $80 a month, and the premium is $7.50 payable quarterly. Paragraph A of Part II of the policy reads as follows: “Total loss of time. If injury such…