Quinton E. Neville v. American Republic Insurance Company

BARKSDALE, Circuit Judge:

Quinton E. Neville appeals the district court’s Fed.R.Civ.P. 12(b)(6) dismissal of his complaint. Because the insurance policy in issue precludes coverage for Neville’s pre-existing condition, we AFFIRM.

I

In early 1981, Neville applied for, and received, a health insurance policy from American Republic Insurance Company (American). He stated in the application that he had contracted meningitis in 1952 and, consequently, became almost totally deaf. 1

The policy provided coverage for, inter alia, eligible sickness expenses; defined sickness as “a condition, a state of ill…