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Mutual Benefit Health and Accident Association v. Ryan

Supreme Court of Arizona

January 26, 1940

MUTUAL BENEFIT HEALTH AND ACCIDENT ASSOCIATION, a Corporation, Appellant,
v.
MARGUERITE RYAN, Appellee

APPEAL from a judgment of the Superior Court of the County of Maricopa. Arthur T. LaPrade, Judge. On motion for rehearing judgment affirmed.

Messrs. Woolf & Shute, for Appellant.

Mr. Henry H. Miller and Mr. Paul H. Primock, for Appellee.

OPINION

Page 750

[55 Ariz. 58] ROSS, C.J.

In our former opinion, handed down December 11, 1939, the article "the" was left out of the provision of the policy numbered (4) infra, making it read "for six (6) preceding months" instead of "for the six (6) preceding months," and this opinion is to correct such error of quotation and is substituted for the former opinion.

The plaintiff, Marguerite Ryan, a policy-holder in the defendant, Mutual Benefit Health and Accident Association, brought this action to recover health benefits, and from a judgment in her favor the defendant has appealed.

The action grew out of a dispute as to whether under the contract the plaintiff, she having defaulted in payment of premiums, was reinstated so as to entitle her to indemnity on account of sickness and disability resulting from tuberculosis. The facts are stipulated and are as follows:

The policy was issued March 4, 1936. It provides that the premiums should be paid in advance, $20 as the first payment and $15 quarterly thereafter, beginning July 1, 1936. The premiums were promptly paid for the rest of the year 1936 but the one due January 1, 1937, was paid January 5th; the one due April 1st, was paid April 7th; the one due October 1st, was paid October 11th, and the one due January 1, 1938, was paid March 14, 1938. All these delinquent premiums were accepted by the defendant and [55 Ariz. 59] under its terms the contract was automatically reinstated. March 28, 1938, the plaintiff became disabled from pulmonary tuberculosis and was confined continuously thereafter for three months in a hospital and four and one-half months in her home, unable to do anything, and under the care of a doctor.

It is stipulated that if plaintiff is entitled to anything under the contract, it is the sum of $900.

The provisions of the policy requiring examination and construction by the court are as follows, and we number them for convenient reference hereafter:

(1) The first clause (Insuring Clause) of the policy insures

"Marguerite Ryan... against loss of time beginning while this Policy is in force and resulting from disease contracted during any term of this Policy, respectively, subject, however, to all the ...


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