Mahany v. American Progressive Health Insurance

In this action, tried without a jury, it appears that the defendant duly issued an accident insurance policy to the children attending the Arkport Central School for the school year 1958-1959, and that plaintiff, Timothy Mahany, then five years old, was a pupil attending said school and was insured under said policy. On December 12,1958 plaintiff was injured during a play period at the school by reason of falling on his head. He was taken to a physician who treated him for a head abrasion, for which a charge of $7.50 was made.

It further appears that three years earlier plaintiff had been…