Daste v. First Natl. Life, Health & Accident Ins.

Plaintiff sues defendant to recover disability benefits and statutory penalties under a health and accident insurance policy. Defendant denied liability and averred that the plaintiff had completely recovered from his injuries and specially pleaded tnat under the provisions of the policy defendant had reserved the right to have a medical examination of the insured made by its physician, and that the defendant had requested the plaintiff to submit to such an examination, but that, tiré plaintiff had refused and still refuses to permit one. to be made.

On the trial of the case on its merits…