Witherspoon v. St. Paul Fire & Marine Insurance

Defendant insurer appeals a summary judgment permitting recovery on the insured’s medical expense insurance policy of hospital and medical expenses paid under the Medicare provisions of the Social Security Act, notwithstanding the policy’s exclusionary and deductible clauses. The correct construction of these clauses is the only issue on this appeal. We affirm.

Defendant St. Paul Fire and Marine Insurance Company issued a so-called “Top-Brass Supplement — Personal Catastrophe Liability” policy to the insured, William W. Wither-spoon, on September 1, 1971. Mr. Witherspoon was then only 2 months…