HomeMy WebLinkAbout0579 "with one's usual activities, whereas disease
may exist without such result; in other words.
one is not ordinarily considered_sick who
performs his usual occupation, though some
organ of~his body may be affected, but is ~
regarded as sick when such diseased condition
has advanced far enough to incapacitate him."
"Sickness" is defined in Ballentine's Law
Dictionary as "the condition of being sick. A condition
interfering with one's usual. activities. Any affection of
the body which deprives it temporarily of the.power to
fulfill its usual functions. A diseased condition which
has advanced far enough to incapacitate." And "sickness"
is defined in Black's Law Dictionary as "disease; malady;
any morbid condition of the body (including insanity) which
for the time being hinders or prevents the organs from
normally disch~arging their several functions. Any affection
of the body which deprives it temporarily of the power to
fulfill its usual functions."
From the facts of this case it is clear that Plaintiff's
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j bunion condition pre-existed the policy issuance for some time,
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I but this condition had never been disabling and she was able to
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~ carry out all her normal duties. Nor did she forsee or cou~d
' she have forseen that the condition would ultimately result in
~ r total disabilit . She urchased the olic in ood faith,
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not at her instance but upon persuasion of the Defendant's agent.
It was only after many months subsequent to Plaintiff purchasing
the policy that her bunion condition became symptomatic and
disabling to the extent of requiring corrective surgery. When
~ this symptomatic and disabling c.ondition arose Plaintiff then
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~ became "sick" under the policy. well within the policy term.
~ and she bec,ame entitled to monthly bene_fits under Benefit "B" ~
~ of the policy of $330.00 per month. After applying the 30 day
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~ exclusionary period, Plaintiff is entitled to recover for 10 .
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~ months of such benefits. Plaintiff is further entitled to
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. -3- ~~,x297 577
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