Jones v. Casualty Co.
Supreme Court of North Carolina
AotioN on an insiirance policy for an indemnity of $5 per week for 26 weeks, tried before Judge M. H. Justice, at the July Term, 1905, of the Superior Court of McDowell.
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AotioN on an insiirance policy for an indemnity of $5 per week for 26 weeks, tried before Judge M. H. Justice, at the July Term, 1905, of the Superior Court of McDowell. A jury trial was waived, and from the. findings of fact' by the court it appeared that the plaintiff, being the holder of an ordinary health policy in defendant company, on the 29th day of November, 1902, received a small scratch on the hand, that the same began to inflame; blood poisoning developed, and on December 3, 1902, the plaintiff’s arm was of necessity amputated; that the plaintiff was rendered incapable of…
1Opinion of the Court
Hoke, J.,
after stating the case: The policy, section 4, contains a definite stipulation for indemnity at $5 per week, not to exceed 26 weeks, in case of disability arising from certain specified diseases, blood poisoning being one expressly named. This disease being evidently the direct and controlling cause of the disability, as a matter of first impression, the right of the plaintiff to recover would seem to be clear. The policy, however, having given this assurance of indemnity, then takes up the matter of provisos by way of restriction and! stipulates further: 1. That this policy shall…
2Cases cited1 opinion
- Kendrick v. Mutual Benefit Life InsuranceSupreme Court of North Carolina · 1899
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