Moss v. Mutual Ben. Health & Accident Ass'n

FOLLAND, Justice.

This is an action to recover accrued monthly indemnity under the health provisions of an accident and heálth policy of insurance. On the trial, after plaintiff introduced evidence and rested, defendant moved for a nonsuit, which was granted. Later the case was dismissed. Appellant attacks, and respondent defends, each of the five grounds on which the motion for a nonsuit was based. The controversy may be narrowed to one proposition, which if decided for respondent, ends the case.

Appellant’s cause of action rests on disability and loss of time of the insured because of…