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.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.