INTERCOAST MUTUAL LIFE INSURANCE CO v. Andersen

OPINION

By the Court,

Badt, J.:

Respondent’s assignor, Royal Stewart, was injured in a skiing accident February 3, 1957 and sustained a spiral fracture of the bones of the left leg. Hospitalization, medical treatment, discharge, and return to his usual pursuits followed. He was at the time of his accident covered by the provisions of an insurance policy issued by appellants, and was paid by appellants under the terms of his policy. This policy lapsed November 10, 1957 for failure to pay premiums.

On October 12, 1957, some eight months after the first injury, but a month before the policy lapsed,…