Benson v. Bankers Life and Casualty Co.

Opinion by

Mr. Justice Doyle.

The parties will be referred to as they appeared in the trial court where plaintiff in error was plaintiff and Bankers Life and Casualty Company was defendant. The action sought recovery on a policy of health or medical payment insurance issued March 4, 1958, whereby defendant agreed to pay medical expenses in consideration of the payment by plaintiff of monthly premiums.

The claim alleges that in November of 1958 plaintiff underwent operations which cost $1,153.00, which operations it is alleged were within the coverage of the insurance contract. Defendant refused…