Hodgson v. Mutual Benefit Health & Accident Ass'n

The opinion of the court was delivered by

HoCi-r, J.:

This was an action to recover for permanent total disability under an accident and health insurance policy. Plaintiff prevailed, and defendant appeals.

Appellant contends that total disability was not shown, that ap-pellee had not complied with certain conditions in the policy, and that recovery was precluded by a release signed by the appellee. As to any conditions not complied with, appellee’s position was that they were either not binding or had been waived by the insurer.

Millard R. Hodgson, the appellee, was seriously injured on September…