American Assurance Co. v. Dickson

Citations

• 24 Ohio C.C. Dec. 313

Syllabus

<p>INSURANCE.</p> <p>1. Proof of Disability Accepted and Offer to Pay Part of Sick Benefits,, Rejection of Claim of Insured.</p> <p>Acceptance of proof of disability on the part of a policy holder and treatment of such proof as final, with an offer to pay a certain amount thereon but less than the amount claimed, constitutes a rejection of the claim by the company, and suit instituted thereon after such rejection is not prematurely brought.</p> <p>2. Insured’s Going Out for Air and to Physician’s Office for Treatment, do not Defeat Insured’s Claim of Total Disability by Sickness.</p> <p>In a policy providing for sick'benefits, a clause reading that to-constitute total disability the insured must be “strictly, necessarily and continuously within the house and there regularly and personally attended by a legally qualified physician,” does not bar recovery by an insured who, under the advice of his physician, went out for air and to his physician’s office for-treatment.</p>