Mutual Ben. Health & Accident Assn v. Thomas. - United States Court of Appeals for the Eighth Circuit

Mutual Ben. Health & Accident Assn v. Thomas.

By United States Court of Appeals for the Eighth Circuit

  • Release Date - Published: 1941-11-17
  • Book Genre: Law
  • Author: United States Court of Appeals for the Eighth Circuit
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Mutual Ben. Health & Accident Assn v. Thomas. United States Court of Appeals for the Eighth Circuit read online review & book description:

This was an action brought by appellee as plaintiff to recover on a policy issued to her husband, Henry A. Thomas, which provided indemnity for both accident and sickness disability. The policy contained exception of liability for death, disability, or other loss, resulting from insanity. It provided indemnity in the amount of $200 a month so long as the insured should live, for whole and continuous or total disability resulting in total loss of time caused directly and independently of all other means from bodily injuries sustained thorugh purely accidental means.Plaintiff alleged that on or about April 21, 1932, the policy being then in full force and effect, the insured sustained bodily injuries through purely accidental means while he was driving an automobile which ran off the highway and into a creek. It was alleged that as a result of such injuries, he suffered concussion of the brain and a profound shock to his mental and nervous system, resulting in total disability since June 1, 1932. The defendant admitted the issuance of the policy but denied that the insured suffered bodily injuries through accidental means, admitted that he was incapacitated by mental disturbances since July, 1932, but denied that it had been continuous, and alleged that the policy properly construed excepted disability resulting from insanity and pleaded that plaintiff had failed to furnish notice and proofs of loss as required by the provisions of the policy. The case has been twice tried, the judgment for plaintiff entered on the first trial having been set aside by the lower court.

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