(Download) "Byrd V. Mutual Benefit Health And Accident Association" by Second Appellate District, Division One District Court Of Appeal Of California ~ eBook PDF Kindle ePub Free
eBook details
- Title: Byrd V. Mutual Benefit Health And Accident Association
- Author : Second Appellate District, Division One District Court Of Appeal Of California
- Release Date : January 08, 1946
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
By the instant action for declaratory relief, plaintiff sought a declaration of the rights and duties of the respective parties under a policy of health and accident insurance issued by defendant to plaintiff on November 6, 1942, pursuant to a written application made therefor on October 31, 1942. Such policy provided for the payment to assured of the sum of $100 per month in the event he should be disabled by accidental means and the further sum of $50 per month for hospital charges for a period of three months. Thereafter on May 31, 1943, while working at the Craig Shipyards in Long Beach, plaintiff sustained "a fracture-dislocation of the spine" resulting in total disability owing to paralysis of his lower extremities. At the time of the trial herein and for more than three months subsequent to his injury, plaintiff was confined in a hospital. Plaintiff notified his insurer of such injury and the resulting disability and made demand for payment of the indemnity provided by the insurance policy. Upon refusal of insurer to honor his claim, plaintiff instituted the instant action. Defendant insurer interposed an affirmative defense to the effect that said policy was issued entirely in reliance upon written answers to questions contained in the application for the insurance; that, while plaintiff was asked what injuries he had previously sustained, and what compensation, if any, he had received or was then receiving, he failed to disclose that he was being paid $22 per month by the United States Government on account of injuries he sustained in 1918 in World War I which consisted of a fractured left leg and a flesh wound of the right leg; and that had insurer known of such injuries and compensation, it would have refused to issue the policy in question.
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