Rocci v. Massachusetts Accident Co.
Massachusetts Supreme Judicial Court
Contract on a policy of health and accident insurance, which originally was issued by the Protective Disability Insurance Company, and the performance of which was assumed by the Bay State Casualty Company and later by the defendant.
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Contract on a policy of health and accident insurance, which originally was issued by the Protective Disability Insurance Company, and the performance of which was assumed by the Bay State Casualty Company and later by the defendant. Writ dated May 10, 1911. A portion of the policy, which was made a part of the declaration, was as follows: “ (8) In the event of loss of time through sickness, complete, continuous and total, and such as shall probably disable and prevent the insured from the date of the beginning of the sickness from performing every duty pertaining to any business or…
1Opinion of the CourtRugg, C. J.
This is an action on a policy of health and accident insurance. There was evidence tending to show that the plaintiff was taken ill on October 9, 1909. A certificate of an attending physician states that on December 16, 1910, he still was unable to do any work.
It was a condition of the policy that “F. Failure to make any payment on or before the date when the same is due shall terminate this Policy. . . . J. Cancellation. — This policy shall terminate and cease to be in force upon failure to pay a premium when due.” *342The provision as to payments was, “Regular Payments. $1.00 Monthly Commencing…
2Cases cited12 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
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- Norfolk Southern Railroad v. FerebeeSupreme Court of the United States · 1915
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- Ferguson v. Union Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1904
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- Bray v. HickmanMassachusetts Supreme Judicial Court · 1928
- Boston Five Cents Savings Bank v. BrooksMassachusetts Supreme Judicial Court · 1941
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