St. Francis Hospital & School of Nursing, Inc. v. Eckman

The opinion of the court was delivered by

Fontron, J.:

The overall issue presented in this appeal is the construction of an exclusionary clause contained in a group health and accident policy. There is no dispute of fact.

John Eckman was employed by Harper Trucks, Inc., a business concern which was subject to the provisions of the Kansas Workmens Compensation Act, herein referred to as the Act. In addition, Harper Trucks, Inc., had secured for the benefit of its employees, *132a group health and accident policy with United Benefit Life Insurance Company, and since Mr. Eckman chose to come under the…