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1940 Ins. L.J. 1 (1940)

handle is hein.journals/inslj2 and id is 1 raw text is: ~INSURANCE LAW, JOIURNAL ESTABLISHED 1872 Advance Digest of Full-Text Decisions currently reported in the CCH INSURANCE LAW REPORTING SERVICE Fire and Casualty 0 Negligence 0 Life, Health and Accident 0 Automobile No. 53 January 4, 1940 PROVISIONS FOR PAYMENT OF DISABILITY BENEFITS A policy providing for the payment of weekly $10.00 disability benefits, with recovery for any single disability restricted to thirteen weeks, was held not to be ambiguous in Whitney v. Travelers Insurance Company ( f 500,880), a de- cision of the Illinois Appellate Court, First District. There was held to be no merit to the insured's contention that he was entitled to greater benefits because the policy did not expressly preclude their recovery. Statement of Facts The plaintiff purchased a certificate of insurance, which provided for the payment of certain indemnities in the event of sickness or accident. On May 29, 1934, he became totally and permanently disabled by pulmonary tuberculosis. On Please Route to: April 9, 1937, he filed his statement of claim, based on the cer- tificate of insurance. He claimed accrued disability indemnities from the date of his disability to the date of filing suit, giving ..................... credit to the insurer for the sum of $130.00, which he had received. The insurer claimed that the payment of $130.00 fully discharged its obligations under the certificate. Provision of Policy ........................ The disagreement of the parties arose from their conten- tions as to the meaning of the following clause of the policy: In the sum of Ten Dollars ($10.00) a week for the period of ........................ disability commencing during the continuance of said policy while the Employee is insured thereunder, during which he shall be wholly and continuously disabled and prevented by bodily disease from performing any and every duty pertaining to any occupation, but no indemnity shall be paid for the first ........................ week, or for more than thirteen consecutive weeks, of such disability, or for disability resulting from any disease for which he is not treated by a physician, nor shall more than thirteen ........................ weeks indemnity be paid in any event to an Employee during any twelve consecutive months for disability suffered after his sixtieth birthday. Contentions of the Parties ......................... The plaintiff insisted that under the quoted language he is entitled to receive indemnities for the duration of his total disability. He urged that the indemnity payments were not ........................ limited to a maximum of thirteen consecutive weeks. The in- sured conceded that the law of Illinois is that an ambiguous and retuzrn to: insurance contract S to be construed most strongly against the insurer, but pointed out that the rule applies only in cases where reasonably intqlligent men will honestly differ as to the meaning of the language used. Conclusions of the Court The court agreed with the views of the insurer as to the meaning of the contract, holding the language not to be ambiguous. It was held that the certificate definitely limits the plaintiff to the recovery of indemnification for not more than thirteen weeks for a single disability. Printed in U. S. A. Published weekly by Commerce Clearing House, Inc., 205 West Monroe Street, Chicago, Illinois. Subscription Rates: one year, $10; with full text reports and bound volumes, $25 per year for each selective unit; single copy of weekly number, 25 cents. Entered as second class matter January 25, 1939. at the post office at Chicago, Illinois, Under the Act of March 3, 1879. Copyright 1940 by Commerce Clearing ZHouse, Inc. All rights reserved.

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