Bolton v. Interocean Life & Casualty Co.
Missouri Court of Appeals
Appeal from Callaway Circuit Court. — Hon. D. H. Harris, Judge. (1) The court erred in finding for plaintiff, as the verdict is against the law and weight of the evidence as applied to defendant’s second defense (failure to give timely notice). Aetna Life Insurance Co. v. Fitzgerald, 165 Ind. 317; Craig v. United States Health & Accident Insurance Co., 80 South Carolina, 151; Meech v. Nat. Ac.
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Appeal from Callaway Circuit Court. — Hon. D. H. Harris, Judge. (1) The court erred in finding for plaintiff, as the verdict is against the law and weight of the evidence as applied to defendant’s second defense (failure to give timely notice). Aetna Life Insurance Co. v. Fitzgerald, 165 Ind. 317; Craig v. United States Health & Accident Insurance Co., 80 South Carolina, 151; Meech v. Nat. Ac. Soe., 63 N. Y. Sup. 1008. (2) The court erred in finding for plaintiff, as the verdict is against the law and weight of the evidence as applied to defendant’s third defense (release). Wood v. Mass,…
1Opinion of the CourtTrimble, J.
This is an action upon the health feature of a policy of accident and health insurance. It provided for the payment of a monthly indemnity *170for disability from illness of $80, and at that rate for any proportionate part of a month for the number of consecutive days, not exceeding six months, that the insured by reason of such illness, should be necessarily and continuously confined within the house, and therein regularly visited by a legally qualified physician.
The policy was issued April 7, 1913. The insured was ill, within the terms of the policy, from July 10, 1913, to September 25, 1913, a…
2Cases cited3 opinions
- Martin v. Manufacturers' Accident Indemnity Co.New York Court of Appeals · 1896
- Clanton v. Travelers' Protective Ass'nMissouri Court of Appeals · 1903
- Conway v. Equitable Accident CompanySupreme Court of Rhode Island · 1906
3Cited by5 opinions
- Moruzzi v. Federal Life & Casualty Co.New Mexico Supreme Court · 1938
- Hicks v. Metropolitan Life InsuranceMissouri Court of Appeals · 1916
- Davern v. Travelers Equitable InsuranceSupreme Court of Minnesota · 1927
- American Casualty & Life Co. v. MasonCourt of Appeals of Texas · 1951
- Crane v. Bankers Life & Casualty Co.Court of Appeals of Texas · 1955