disease

In a strict or literal sense, any departure from a perfect norm of health, even including some ailments which are more or less trivial. Mutual Life Ins. Co. v Simpson, 88 Tex 333. Better understood in a legal sense as an ailment or disorder of an established or settled character to which the insured is subject, having no reference to a temporary disorder which is new and unusual, and arises from some sudden and unexpected derangement of the system, although it may produce or cause unconsciousness. 29A Am J Rev ed Ins § 1211. As the term "disease" appears in a health insurance policy it is not the equivalent of sickness; sickness is a condition interfering with one's usual activities, whereas disease may exist without such result. 29A Am J Rev ed Ins § 1154. A "disease in any organ of the body" is not every disorder or ailment affecting an organ, lasting for a brief period only and unattended by substantial injury or inconvenience, or prolonged suffering, but is an affection so well defined and marked as materially to derange for a time the functions of that organ. Connecticut Mut. Life Ins. Co. v Union Trust Co. 112 US 250, 258, 28 L Ed 708, 711, 5 S Ct 119. In an accident policy the words "bodily infirmity or disease" have a well understood meaning. They are practically synonymous and refer to an ailment or disease of a settled character and all the definitions given by the courts negative the idea that they could possibly include a personal peculiarity not in any way impairing bodily health or strength and not in any way interfering with the functioning of the organs of the body. Mutual Life Ins. Co. v Dodge (CA4 Md) 11 F2d 486. In a strict or literal sense, any departure from an ideal or perfect norm of health is a disease or an infirmity, but when considered with relation to a policy insuring against death caused by "accidental means alone" something more must be shown. If there is no active disease, but merely a frail general condition, so that powers of resistance are easily overcome, or merely a tendency to disease, which is started up and made operative, whereby death results, then there may be recovery even though the accident would not have caused that effect upon a healthy person in a normal state. Bush v Order of United Commercial Travellers (CA2 Vt) 124 F2d 528. See chronic; contagious disease; exposed to disease; idiopathic disease; illness; incurable disease; industrial disease infectious disease; occupational disease; serious ailment; serious illness; sickness; sound health; sound physical condition; traumatic disease.