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 in the Municipal Court of the City of Boston dated May 10,1911. On appeal to the Superior Court the case first was tried before Bell, J., who submitted two issues to the jury, and under St. 1913, c. 716, § 2, reported the case on the answers of the jury without a general verdict for such judgment as might be ordered by this court. This court, in a decision…
1Opinion of the CourtLoring, J.
This case was before this court in 222 Mass. 336. To understand the arguments now made a short statement of the facts of the case is necessary.
The action is brought to recover a sickness indemnity of $50 a month for (substantially) nine months.
The policy on which the action was brought was a policy by which the insurer agreed to make “Accident Provisions” and “Sickness Provisions.” The part of the policy as to “Sickness Provisions” was in these words: “ (8) In the event of loss of time through sickness, complete, continuous and total, and such as shall wholly disable and prevent the Insured…
2Cases cited1 opinion
- Rocci v. Massachusetts Accident Co.Massachusetts Supreme Judicial Court · 1916
3Cited by23 opinions
- Erreca v. Western States Life InsuranceCalifornia Supreme Court · 1942
- Sheehan v. Commercial Travelers Mutual Accident Ass'n of AmericaMassachusetts Supreme Judicial Court · 1933
- Mahoney v. GoochMassachusetts Supreme Judicial Court · 1923
- Mutual Benefit Health & Accident Ass'n v. FerrellArizona Supreme Court · 1933
- Lustenberger v. Boston Casualty Co.Massachusetts Supreme Judicial Court · 1938
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