Alexander v. Pilot Life Insurance

WEBB, Judge.

The defendant assigns error to the denial of its motions for summary judgment and for a peremptory instruction as to its defense of an exclusion from the coverage' under the policy. These two assignments of error present the same question. That question is whether the jury could only conclude from the evidence that the plaintiffs claim is barred by a provision in the policy which excludes coverage for a pre-existing condition and defines a pre-existing condition as follows:

*6425. “Pre-existing condition” means an injury or sickness for which you or a dependent received any medical care…