Hill v. Travelers' Ins. Co. of Hartford, Conn.

• Decision Date: 17 February 1910
• Citation: 124 N.W. 898,146 Iowa 133
• Parties: HILL v. TRAVELERS' INS. CO. OF HARTFORD, CONN.
• Court: Iowa Supreme Court

146 Iowa 133

124 N.W. 898

HILL

v.TRAVELERS' INS. CO. OF HARTFORD, CONN.

Supreme Court of Iowa.

Feb. 17, 1910.

Appeal from District Court, Jefferson County; F. W. Eichelberger, Judge.

Suit on a policy of insurance. A demurrer to the petition was sustained, and the plaintiff appeals. Affirmed.Crail & Crail, for appellant.

Jayne & Hoffman, for appellee.

SHERWIN, J.

On the 8th day of April, 1907, the defendant issued to George H. Craine a policy of insurance, denominated a “limited health policy,” agreeing to pay him the sum of $25 a week for temporary disability, for a period not in excess of 26 consecutive weeks duration, and agreeing to pay him for permanent disability in the following language: “(2) In a sum equal to one hundred weeks indemnity for temporary disability as aforesaid, to be paid to him upon satisfactory proof at the company's home office, in Hartford, Connecticut, that he has, as the result of disease contracted during the term of this policy, entirely and irrecoverably lost the sight of both eyes, or by incurable paralysis permanently and entirely lost the use of both hands or both feet, or of one hand and one foot, and also that on account of either of said conditions he has been for one year, and will be thereafter and during life, permanently disabled from engaging in any work or occupation for wages or profit.” The insured died on July 6, 1907, as the result of cerebral apoplexy, and in January, 1909, this suit was commenced to recover the full indemnity provided for in the second clause of the policy. The petition alleged that as the result of apoplexy the insured had “entirely and irrecoverably lost the sight of both eyes, and by incurable paralysis permanently and entirely lost the use of both hands and both feet; and that on account of said conditions he has been for one year and will be thereafter and forever permanently disabled from engaging in any work or occupation for wages or profit.” A demurrer to the petition, which raised the question of the right of the plaintiff to recover $2,500 under the policy, was sustained, and the plaintiff's appeal brings the question to us for review.

The entire contract clearly shows that it is not one insuring the life of Craine. It insures against loss on account of temporary and permanent disability, as the terms are ordinarily used and understood. The word “disability” does not express the same meaning as the word “death”; nor is it ordinarily used as signifying the same thing. “Disability” is defined as a want of competent power,...