Scales v. Masonic Protective Ass'n
Supreme Court of New Hampshire
Assumpsit, for an- indemnity under a benefit certificate. Facts agreed. The certificate contains the following provisions: “ A disability to constitute a claim for sickness . . . shall require absolute, necessary, continuous confinement to the house for not less than fourteen days. . . . And no disability . . . shall constitute a claim for a longer period than the insured shall be totally disabled and absolutely, necessarily, continuously confined to his house.”
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Assumpsit, for an- indemnity under a benefit certificate. Facts agreed. The certificate contains the following provisions: “ A disability to constitute a claim for sickness . . . shall require absolute, necessary, continuous confinement to the house for not less than fourteen days. . . . And no disability . . . shall constitute a claim for a longer period than the insured shall be totally disabled and absolutely, necessarily, continuously confined to his house.” The plaintiff was seriously sick and totally incapacitated for labor during a period of sixty-seven days. He remained in the house…
1Opinion of the CourtChase, J.
The disability for which the defendants promised to indemnify the plaintiff was disability to labor or attend to business on account of sickness. It was to be such as to require “ absolute, necessary, continuous confinement to the house for not less than fourteen days and the indemnity was not to continue for a longer period than the plaintiff should be “ totally disabled and absolutely, necessarily, continuously confined to the house.” The defendants’. liability depends upon the total disability of the insured to labor because of sickness, and not upon his confinement to the house. Necessity…
2Cited by15 opinions
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- Federal Surety Co. v. WaiteCourt of Appeals of Texas · 1927
- Purcell v. Washington Fidelity National InsuranceOregon Supreme Court · 1934
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