Union Cent. Relief Ass'n v. Thomas

Action on a policy of hqalth insurance. The policy contained this stipulation, which was pleaded in defense:

“If a member owe more than two weekly payments, such member shall thereby forfeit his or her right to receive benefits for sickness or disability occurring or continuing between the date of becoming so in arrears and the expiration of a term of five weeks from the date when all back dues are paid up.”

Plaintiff pleaded by way of replication, and the facts in evidence were in agreement with the allegations of the replication:

“It is true that on December 8, 1923, the plaintiff owed more…