Bass v. Pioneer Life Ins. Co.

• Decision Date: 07 February 1921
• Docket Number: No. 13792.,13792.
• Citation: 227 S.W. 639,206 Mo. App. 626
• Parties: BASS v. PIONEER LIFE INS. CO.
• Court: Missouri Court of Appeals

227 S.W. 639

206 Mo. App. 626

BASS v. PIONEER LIFE INS. CO.

No. 13792.

Kansas City Court of Appeals. Missouri.

February 7, 1921.

Appeal from Circuit Court, Pettis County; H. B. Shain, Judge.

Action by Sam Bass against the Pioneer Life Insurance Company. Judgment for plaintiff, and defendant appeals. Affirmed.

A. L. Reeves, of Kansas City, and R. S. Robertson and Marshall Campbell, both of Sedalia, for appellant.

Hoffman & Hoffman, of Sedalia, for respondent.

ARNOLD, J.

This is an action on a policy of health insurance issued to plaintiff herein December 26, 1916, by the American Life & Accident Insurance Company of Kansas City, Mo., which company had been taken over by the appellant herein.

Plaintiff was a contractor in the city of Sedalia, in Pettis county, and was insured in that capacity. The policy promised indemnity for total disability from sickness "at the rate of $30 per month for the number of consecutive days, after the first week, that the insured is necessarily and continuously confined within the house, and therein regularly visited at least once a week by a regularly qualified physician." And attached as a rider to said policy, on the date it was issued, is the following:

"`Special' policy agreement indemnity for the first week of illness by the American Life & Accident Insurance Company, Kansas City,

"It is hereby agreed that regular policy No. 314548, to which this agreement is attached, is extended to provide indemnity for the first week of any illness to which the insured would be entitled to indemnity according to the terms and conditions of said policy in consideration of the extra premium required therefor. This agreement shall not cover illness beginning prior to its date and is not in force until countersigned by the policy writer of the company."

On February 14, 1919, plaintiff became ill from influenza—commonly called "flu"—and was seriously ill therefrom and confined to his bed from February 14 to March 15, a period of 29 days, and from March 15 to 18 was convalescent.

Suit was instituted in a justice court on April 29, 1919, upon a statement, and judgment was rendered in favor of plaintiff for the sum of $30.50 on May 10, 1919. Thereupon, and within due time, defendant company appealed to the circuit court of Pettis county. The trial in said court resulted in a verdict for plaintiff in the sum of $30.50 on February 20, 1920, and defendant brought the case here by appeal.

When plaintiff's illness came upon hint, he was confined to his home and bed from February 14 to March 15, 1919, and from March 15 to 18 he was able to be out of his home and bed, but was unable to work.

There was no testimony introduced on behalf of defendant. The testimony of plaintiff tends to prove that during the period from February 14 to March 15, plaintiff's family physician called upon plaintiff at his home only upon two occasions, and that the said physician received telephone calls and personal visits from relatives and neighbors upon several occasions during said period, and that said physician advised and...