Klar v. Associated Hospital Service

This is an action to recover $322.10 for hospital insurance benefits allegedly due to the plaintiff under a policy of insurance. Defendant resists the claim, contending that the benefits claimed are for a pre-existing condition which fell under a “ Limitations ” clause of its contract.

After trial, the jury returned a unanimous verdict for the plaintiff for the full amount. Defendant now moves to set aside *560the verdict, on the ground that the court erred in its charge to the jury with respect to the burden of proof.

The pleadings consist of an oral summons and an answer setting up a general…