Legal Opinion

Combined Insurance Co. of America v. McGillen

District of Columbia Court of Appeals

Decided March 20, 1974No. 7223PublishedCited by 1 opinion

1Opinion of the Court

NEBEKER, Associate Judge:

This appeal by Combined Insurance Company of America (Combined) challenges a ruling of law that the insured’s disability was the result of a “sickness” as that term was used in the applicable health and accident insurance policy. The trial court ruled that the policy must be construed broadly and favorably so as to establish coverage whenever it can be justified, and that the insurer must spell out in plainest terms any limiting policy provisions. It was thus concluded that the disability — a painful, ruptured lumbar disc caused by an accident three years prior to…

2Cases cited9 opinions

  1. Murray Hospital v. AngroveMontana Supreme Court · 1932
  2. Burns v. Employers' Liability Assurance Corp.Ohio Supreme Court · 1938
  3. Loffler v. Boston Insurance Co.District of Columbia Court of Appeals · 1956
  4. Doody v. DavieCalifornia Court of Appeal · 1926
  5. OLD AMERICAN INSURANCE COMPANY v. TuckerDistrict of Columbia Court of Appeals · 1966

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3Cited by1 opinion

  1. Arnold D. Berkeley v. Home Insurance CompanyCourt of Appeals for the D.C. Circuit · 1995

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