Musser v. Great Northern Life Insurance

In this action on a policy of health insurance, no question arises over the validity of the policy nor as to defendant’s liability in some amount, but the issue is as to what amount. Insured sued, claim ing that under the policy he was entitled to $25 weekly indemnity for fifty-two weeks, aggregating $1300; but defendant insisted that he was entitled to only $25 per week for six and two-sevenths weeks and $10 per week for ten days thereafter, aggregating only $257.14, and sent him a draft for that amount, which he refused to accept and promptly returned. The defendant deposited said $257.14…