Serafino v. Boston Casualty Co.

The defendant contends that the plaintiff’s recovery is limited to the sum of $125 by virtue of a special provision of the policy. This provision, so far as material, is as follows: “In the event of disability due wholly or in part, directly or indirectly, to . . . any chronic disease, the limit of time for which indemnity shall be payable shall be one month in any one policy year.” The policy provides for a monthly illness indemnity of $100 and an indemnity for hospital confinement of one-fourth that sum. The question of the applicability of the special provision to the evidence is raised by…