Payne v. Mutual Savings Life Insurance Co.

WOODALL, Justice.

Bruce S. Payne appeals from a judgment on the pleadings in his action against Mutual Savings Life Insurance Company (“Mutual”) based on Mutual’s nonpayment of alleged policy benefits. We affirm.

I. Factual and Procedural Background

According to the undisputed facts, Payne purchased a “Cancer Plus Special Disease Policy” from Mutual in 1996 (“the policy”). Under its “schedule of specified benefits,” the policy listed the following two pertinent benefit provisions:

“RADIATION AND CHEMOTHERAPY BENEFIT: The usual and customary charge made by the Hospital or Doctor for radiotherapy…