Reeves v. Midland Cas. Co.
| Decision Date | 13 January 1920 |
| Parties | REEVES v. MIDLAND CASUALTY CO. |
| Court | Wisconsin Supreme Court |
On motion for rehearing. Rehearing denied.
For former opinion, see 174 N. W. 475.
Upon motion for rehearing appellant's attorney calls our attention to material provisions of the policy which were overlooked in computing the amount for which plaintiff should have judgment. The policy provides that no indemnity for sickness disability shall be paid for the first five days of illness, and that partial indemnity shall be paid for a period not exceeding two consecutive months. Therefore plaintiff was not entitled to indemnity for the first five days of his sickness, nor was he entitled to indemnity for a longer period than two months. He is therefore entitled to full indemnity for the three weeks period, less five days, and partial indemnity for the remainder of the two months period, amounting in the whole to $47.50.
The motion for rehearing is denied. The mandate herein is modified to read: The judgment appealed from is modified, by substituting $47.50 for $189.49, and, as so modified, is affirmed. No costs allowed on motion for rehearing.
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Luedtke v. Shedivy
...11:20 p.m., on August 30.3 Items deposited in the mail are presumed to have been received by the addressee. Reeves v. Midland Casualty Co. (1920), 170 Wis. 370, 174 N.W. 475, 174 N.W. 959; Olson v. Sentry Ins. Co. (1968), 38 Wis.2d 175, 156 N.W.2d 429. When the addressee acknowledges receip......