Milam v. Norwich Union Indemnity Co.

Hatohee, Judge:

A health and accident policy issued by defendant to W. K. Milam, a coal miner, agreed to pay him a certain snm per month in case he was wholly and continnonsly disabled by reason of “sickness contracted during the term of the policy.” He was asked no questions and made no statement relative to his health when the policy was issued. He had been under medical treatment for Bright’s Disease for a year or so before that time. It seems that this malady is incurable, but no element of bad faith is charged to Milam in obtaining the policy. He had purchased an automobile on the…