Federated Mutual Implement & Hardware Insurance v. Barker

Whitman, Judge.

1. The appellant insurance company has appealed from and enumerated as error the overruling of its second renewed demurrers (which were treated as a motion to dismiss for failure to state a claim) to the plaintiff’s complaint as twice amended. Wherever reference is hereinafter made to plaintiff’s complaint the reference is to plaintiff’s complaint as amended.

Plaintiff Barker’s complaint alleged that he had health and accident insurance coverage under a group plan which covered himself and his dependents, but that his claim for expenses incurred on account of his dependent wife…