Barron v. Equitable Life Assurance Society of the United States

Holt, Justice.

Defendant appeals from an adverse judgment. Plaintiff’s action is to recover upon an accident and health policy issued to him by defendant, insuring plaintiff against loss from disease “if such disease shall wholly and continuously disable the Insured and prevent him from performing any and every duty pertaining to his occupation.” Plaintiff alleged that he became totally disabled on August 5, 1984, and Aras continuously disabled until September 8, 1984; that he gave notice of his disability to defendant as soon as it Avas reasonably possible, but payment of the weekly indemnity…