Interstate Business Men's Accident Ass'n v. Sanderson
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. R. Haynie, Judge; According to the undisputed evidence, there can be no recovery under the first clause of the policy, because appellee’s disease was not sufficient to compel him to remain strictly and continuously within the house. He was not continuously confined to his house by the disease within the meaning of the policy.
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Appeal from Miller Circuit Court; Geo. R. Haynie, Judge; According to the undisputed evidence, there can be no recovery under the first clause of the policy, because appellee’s disease was not sufficient to compel him to remain strictly and continuously within the house. He was not continuously confined to his house by the disease within the meaning of the policy. The court erred in withdrawing the case from the jury. 99 Me. 390; 59 Atl. 535; 135 Mich. 439; 97 N. W. 966; 104 N. W. 734; 47 Pa. Sup. Ct. 176; 110 N. E. 972; 141 Mich. 482; 23 L. R. A. (N. S.) 359 and notes; 42 Id. 700 and note.…
1Opinion of the CourtMcCulloch, C. J.
This is an action on a policy of insurance issued by appellant to appellee, insuring appellee “against loss of time by disease not due to accidental injury. ’ ’ The two clauses of the policy on which the action is founded read as follows:
“LOSS BY DISEASE.
“Section III.
“HOUSE CONFINEMENT $50.00 first week and 29 succeeding weeks.
“The insurance provided, shall cover only in the event that the disease shall compel the insured to remain continuously and strictly within the. house for a period of or exceeding two full weeks and be under the constant treatment of a regular physician.
“NONCONFINEMENT…
2Cases cited6 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Great Eastern Casualty Co. v. RobinsSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Lilly v. Robinson Mercantile Co.Supreme Court of Arkansas · 1913
- Sims v. EverettSupreme Court of Arkansas · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bankson v. Mutual Ben. Health & Accident Ass'nSupreme Court of Louisiana · 1945
- Purcell v. Washington Fidelity National InsuranceOregon Supreme Court · 1934
- Mutual Benefit Health & Accident Ass'n v. McDonaldSupreme Court of Colorado · 1923
- Franklin Life Ins. Co. v. LewisAlabama Court of Appeals · 1951
- Leftwich v. Inter-Ocean Casualty Co.West Virginia Supreme Court · 1941
17 more not listed; retrieve them via the Exa API.