Myers v. Travelers Insurance

Opinion by

Mr. Justice Allen M. Stearns,

This appeal raises the question whether in an action in assumpsit a plaintiff may be required to submit to a physical examination.

Plaintiff, Dr. Howard Myers, instituted suit in assumpsit to recover disability benefits alleged to be due him on two insurance policies issued by defendant, Travelers Insurance Company. Plaintiff averred that he contracted angina pectoris in 1940 and has been and is, at present, totally and permanently disabled. Defendant’s affidavit of defense denied plaintiff’s total and permanent disability.

Before trial of the issues…