Legal Opinion · Dissent

Knapp v. Independence Life and Accident Ins. Co.

West Virginia Supreme Court

Decided March 16, 1961No. 12054Published

1DissentG-iven, Judge

Being of the view that the facts of this case, really not in dispute, do not bring it within the principles applied thereto, except as to Point 1 of the Syllabus, I am forced to dissent.

To properly appraise the problems involved, it must be kept in mind that the original insurance policy provided only “Indemnity for expenses for treatment” for certain so-called “dread diseases”, including poliomyelitis but not including cancer. Except in a single instance not here material, involving a different disease, covered by a different rider, the amount of indemnity as to “expenses for treatment”…

2Cases cited2 opinions

  1. Noyes v. CapertonWest Virginia Supreme Court · 1910
  2. Azure v. HunterWest Virginia Supreme Court · 1926

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