What is the test for a short term disability policy?

California, United States of America


The following excerpt is from Bower v. Roy-Al Corp., 109 Cal.Rptr. 612, 33 Cal.App.3d 1027 (Cal. App. 1973):

As was said in Fuller v. Aetna Life Ins. Co. (5 Cir. 1958) 259 F.2d 402, at page 405: 'The construction contended for by appellee would make an applicant for insurance a guarantor that the seeds of manifold pathologic conditions causing disablement--e.g., tuberculosis and other respiratory maladies, nephritis, arteriosclerosis, cancer, ulceration, diabetes--which may or may not reach an acute state, were not present in appellant's body on the policy date and during the fourteen day waiting period. ( ) Read as a whole, it is plain that the parties here were dealing with palpably disabling sickness alone. We have before us a short term policy . . .. Its benefits accrue only in event of total disability.'

The judgment of the municipal court is affirmed.

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