Fuzessery v. American Benefit Casualty Insurance

In September, 1927, the appellant, the American Benefit Casualty Insurance Company issued to Frank Fuzessery, the appellee, an insurance policy providing for indemnity under certain conditions in case of loss of fife, limb, eyesight or time by accidental means or loss of time by sickness.

On July 22, 1923, Frank Fuzessery, the insured, while engaged in playing baseball broke three of his toes. The insured was taken to a doctor Schmitt immediately after the accident. He also called on the doctor on July 23 and 24 relative to his injured foot. On July 25 the insured called Dr. Darner who had an…