Bradshaw v. American Benevolent Ass'n

• Court: Court of Appeal of Missouri (US)
• Citation: 87 S.W. 46,112 Mo. App. 435
• Parties: BRADSHAW v. AMERICAN BENEVOLENT ASS'N.
• Decision Date: 02 May 1905

87 S.W. 46

112 Mo. App. 435

BRADSHAW v. AMERICAN BENEVOLENT ASS'N.

St. Louis Court of Appeals. Missouri.

May 2, 1905.

INSURANCE—SICK BENEFITS—DISABILITY—EVIDENCE.

Plaintiff had an attack of neurasthenia, but, though wholly incapacitated to attend to any business, and sometimes confined to his bed, was not bedridden, but, on the contrary, when at his worst he took trips away from home, on the advice of his physician, for his health. Held, that he was not entitled to recover sick benefit under a policy agreeing to pay an indemnity for sickness incapacitating plaintiff from transacting any and every kind of business, when, as a result thereof, he was entirely and continuously "confined in bed" and under the charge of a physician.

Appeal from Circuit Court, Laclede County; Leigh B. Woodside, Judge.

Action by Andrew W. Bradshaw against the American Benevolent Association. From a judgment for plaintiff, defendant appeals. Reversed.

Edwin S. Puller, for appellant. J. W. Farris, for respondent.

Opinion.

GOODE, J.

This is an action on a certificate of insurance—one of the "benevolent" variety. It was issued to the plaintiff November 16, 1900. Plaintiff was an editor of a newspaper, doing office duty only, and was insured in that capacity. The certificate promised insurance, for total disability due to accidental violence, at the rate of $25 a week, $600 indemnity for the loss of two limbs or both eyes, and $300 indemnity for the loss of one limb or one eye, and the following indemnities for illness:

"After membership for ninety days without delinquency immediately prior to the beginning of sickness, should the member, by reason of sickness or disease, be wholly incapacitated from transacting any and every kind of work or business, and as a result thereof be entirely and continuously confined in bed and under the charge and subject to the personal calls of some regular qualified physician, the Association will pay said member as hereinafter provided for a period not exceeding thirty-two weeks following the first week's sickness so confined, as follows:

"Weekly Sick Indemnity After First Week.

                  "1st eight weeks,  $9.00 per week
                  "2d eight weeks,   $9.00 per week
                  "3d eight weeks,  $10.00 per week
                  "4th eight weeks, $12.00 per week."
                

There is a death indemnity, too. This action is to recover indemnity for illness during 17 weeks between April and September, 1903. The contention is that during that time the plaintiff was wholly incapacitated by...