Smith v. Inter-Ocean Insurance

Frankum, Presiding Judge.

1. Where, in a suit on a health insurance policy to recover weekly hospital indemnity benefits provided for therein, alleged to be due on account of the plaintiff’s hospitalization for the treatment of tuberculosis allegedly contracted after the effective date of the policy, the defendant moved for a summary judgment under the provisions of the Act approved March 17, 1959 (Ga. L. 1959, p. 234 et seq.; Code Ann. Ch. 110-12), and in support of such motion introduced depositions in proof of its contention that the plaintiff was afflicted with the disease at the time the…