Hays v. General Assembly American Benevolent Ass'n
Missouri Court of Appeals
Appeal from Scotland Circuit Court.—Hon. Charles D. Stewart, Judge. '(1) The testimony of each witness shows that he was not confined to his bed for six months entirely and continuously, but for a considerable portion of the time he was simply confined to the house. During the period for which he recovered indemnity, he was down town, three-fourths of a mile.
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Appeal from Scotland Circuit Court.—Hon. Charles D. Stewart, Judge. '(1) The testimony of each witness shows that he was not confined to his bed for six months entirely and continuously, but for a considerable portion of the time he was simply confined to the house. During the period for which he recovered indemnity, he was down town, three-fourths of a mile. “A policy which does not provide for indemnity to the holder for time actually lost on account of illness may be of little value but plaintiff accepted a contract of that character and must stand or fall by its terms interpreted…
1Opinion of the CourtNortoni, J.
Plaintiff sues upon a policy of what is commonly called health insurance, the indemnity vouchsafed therein being insurance payable to him in case he should become disabled from sickness within the terms of the policy. It will be more particularly referred to in a subsequent portion of the opinion.
Among other things, the policy required proofs of the sickness to be made in writing in a certain form, “within a month from the date the disability ceases.for which the indemnity is asked.” The answer of the defendant pleaded failure on the part of plaintiff to comply with this condition of the…
2Cases cited6 opinions
- Bradshaw v. American Benevolent Ass'nMissouri Court of Appeals · 1905
- Weber v. Ancient Order of PyramidsMissouri Court of Appeals · 1904
- Welsh v. Chicago Guaranty Fund Like SocietyMissouri Court of Appeals · 1899
- Cauveren v. Ancient Order of PyramidsMissouri Court of Appeals · 1903
- Kloes v. Wurmser & LouisMissouri Court of Appeals · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Commonwealth Casualty Co. v. CoxSupreme Court of Missouri · 1929
- Ramsey v. General Accident, Fire & Life InsuranceMissouri Court of Appeals · 1912
- Home Protective Ass'n v. WilliamsCourt of Appeals of Kentucky · 1912
- Norager v. Mountain States Life Insurance Co.California Court of Appeal · 1935
- Garvin v. Union Mutual Casualty Co.Supreme Court of Iowa · 1928
9 more not listed; retrieve them via the Exa API.