Mutual Benefit Health & Accident Ass'n v. Bradford

GARDNER, Chief Justice.

The original complaint consisted of one count seeking recovery of damages for accidental injuries sustained June 7, 1939, under a policy of insurance issued to plaintiff by defendant company. The written application for the policy signed by plaintiff expressly stated he understood the insurance would not be effective until the policy was accepted by the appellant “while in good health and free from injury”. As to accidental injury the policy contains a clause to the effect that its term “begins at 12 o’clock noon Standard time, on date of delivery to and acceptance by…