Legal Opinion

Card v. National Casualty Co.

United States District Court

Decided June 16, 1941No. 9412Published

1Opinion of the CourtRiley, J.

(Mason, & Parker, JJ.)—This action of contract was brought by the plaintiff to recover expenses paid under the terms of a hospitalization policy, so called, issued by the defendant to the plaintiff.

The answer of'the'defendant contains a general denial and a further averment that the policy “does not cover sickness or accident when the immediate and contributing cause is due either to injury or disease which had its inception prior to the issuance of the policy or within 15 days thereafter” and that the illness mentioned in the plaintiff’s Declaration had its in' *6ception prior to the date of…

2Cases cited5 opinions

  1. Gibbons v. DenoncourtMassachusetts Supreme Judicial Court · 1937
  2. Himelfarb v. Novadel Agene Corp.Massachusetts Supreme Judicial Court · 1940
  3. Wrobel v. General Accident Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1934
  4. Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
  5. Bovedeau v. Boston Casualty Co.Massachusetts Supreme Judicial Court · 1930

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