American Casualty & Life Co. v. Mason

CULVER, Justice.

Appellee Mason sued on accident and health policy issued to him on August 22, 1944, by appellant company, asserting total disability as a result of tuberculosis beginning in September, 1948, and continuing to the date of trial. The policy provided an indemnity in the sum of $200 per month for a maximum of twenty-five weeks for total disability and loss of time.

The defense interposed by the company was that by the terms of a settlement and compromise of a former claim for disabiliity caused by tuberculosis in 1947, in consideration of $300, the appellee had released company…