Struble v. Occidental Life Insurance

Murphy, Justice.

This is an appeal from a judgment in an action instituted by an in*27sured to collect benefits under an accident and health policy. The essential issue turns upon the interpretation to be given one provision in the policy which limits benefits to the period the insured is totally disabled and is “necessarily and continuously confined within the house and therein regularly visited and attended by a legally qualified physician or surgeon other than himself.” The jury was instructed that it could find for the plaintiff only if he was substantially confined to his home during such a…