Bradshaw v. American Benevolent Ass'n

CourtCourt of Appeal of Missouri (US)
Citation87 S.W. 46,112 Mo. App. 435
Decision Date02 May 1905

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.



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...

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29 cases
  • Mackay v. Commonwealth Cas. Co.
    • United States
    • Court of Appeal of Missouri (US)
    • January 15, 1931
    ...v. Travelers Ins. Co., 225 S.W. 1033, 1034; Taylor v. Loyal Protective, 194 S.W. 1055, 1057; Bradshaw v. American Benevolent Assn., 112 Mo.App. 435; Robyn v. New Amsterdam Cas. Co., 257 S.W. 1065, 1069. (2) The plaintiff was not within a railroad car at the time she fell, for the slipping o......
  • Purcell v. Washington Fidelity Nat. Ins. Co.
    • United States
    • Supreme Court of Oregon
    • March 27, 1934
    ...held that the above provision of the policy was free of ambiguity, and denied her recovery. In Bradshaw v. American Benevolent Ass'n, 112 Mo.App. 435, 87 S.W. 46, 47, the policy required that the insured "be entirely and continuously confined in bed" before indemnity was payable. The insure......
  • Federal Surety Co. v. Waite, (No. 11822.)<SMALL><SUP>*</SUP></SMALL>
    • United States
    • Court of Appeals of Texas
    • June 4, 1927
    ...Benefit Ass'n, 141 Mich. 478, 104 N. W. 734; Dunning v. Mass. Mut. Acc. Ass'n, 99 Me. 390, 59 A. 535; Bradshaw v. Am. Benevolent Ass'n, 112 Mo. App. 435, 87 S. W. 46; Sawyer v. Masonic Protective Ass'n, 75 N. H. 276, 73 A. 168; Pirscher v. Casualty Co., 131 Md. 449, 102 A. 546, L. R. A. 191......
  • Hoover v. National Cas. Co.
    • United States
    • Court of Appeals of Kansas
    • May 4, 1942
    ...sec. 175; 14 R. C. L. 929, sec. 103; Taylor v. Loyal Protective Ins. Co., 194 S.W. 1055, 1057; Bradshaw v. American Benevolent Assn., 112 Mo.App. 435, 87 S.W. 46. (2) Where the terms of an insurance policy are not ambiguous they may not be changed by judicial construction. Penn. v. Traveler......
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