Ames v. Baker

“ . . . the Insurer agrees to reimburse the Insured . . . for such reasonable out-of-pocket expenses incurred ■. . . arising out of an attack of . . . Encephalitis . . . and which first manifests itself during the period of this insurance commencing at noon August 25, 1958 . . . . ” (Italics ours).

The above provision of a “dread disease” insurance policy forms the crux of this action brought by an insured against the designated representative of the Underwriters at Lloyd’s, London. The issue posed is whether the clause “which first manifests itself” refers to “encephalitis” or to “attack.”

Prio…