Volunteer State Life Ins. Co. v. Weaver

THOMAS, Justice.

The question raised by sustaining demurrers to pleas and rejection of evidence present the question for decision, viz.: The policy sued on being silent, is the plaintiff under legal duty to submit to treatment prescribed and advice given by physicians, which he is informed would arrest or relieve his disability?

There are established rules to be observed in this decision: (1) That liability of the insurer and the right of recovery by the insured must be determined by the clear and unambiguous language of the policy (if so expressed) ; and (2) when liberally construed shall be…