Rhyne v. Jefferson Standard Life Insurance Co.

Stacy, C. J.,

after stating the case: The appeal presents the single question as to whether total disability - or insanity, which renders an assured incapable of giving notice of injury or disease, required by the terms of an insurance policy, can be said to have been reasonably within the minds of the parties at the time of the making of the contract, in the absence of unequivocal language dealing with such a situation. "We think not.

It is considered by a majority of the courts that a stipulation in a contract of insurance requiring the assured, after suffering injury or illness, to perform…