Wise v. American Casualty Co.

Bell, Presiding Judge.

Matt Wise brought this suit against American Casualty Company to recover hospitalization insurance benefits. The policy provided: “This policy does not cover any loss caused by or resulting from . . . injury for which benefits are payable under any Workmen’s Com pensation Act or Law, or sickness for which benefits are payable under any Workmen’s Compensation or Occupational Disease Act or Law. . .” Evidence in support of defendant’s motion for summary judgment showed that the injury to plaintiff arose out of and in the course of his employment, that plaintiff’s medical…