Walterman v. Mutual Benefit Health & Accident Ass'n

On May 3, 1935, the defendant issued to the plaintiff a health and accident policy whereby it agreed to pay to him, as its insured, total disability benefits at the rate of $200 per month for life provided the disability “ confines the insured continuously within doors and requires regular visits therein by a legally qualified physician ” and at the rate of $100 per month for life for a “ disability * * * which does not confine the insured continuously within doors, but requires regular medical attention.”

The policy also contains these provisions:

“ 4. Written notice of injury or of sickness…