Hamner v. Bradley

COLEMAN, Justice.

Plaintiff appeals from a voluntary non-suit induced by the ruling of the trial court sustaining defendant’s demurrer to the complaint. The question for decision is whether the complaint states a cause of action.

The substance of count one is as follows*. Defendant is employed by an insurance company. In 1967, plaintiff applied for a hospitalization insurance policy which was issued under date of November 2, 1967. The insurer paid a prior claim without questioning coverage under the policy.

Plaintiff was hospitalized in July, 1969. Expenses for her treatment were covered by the…