Mutual Benefit Health & Accident Ass'n v. King

Plaintiff, Kelso King, brought this suit in the Court of General Sessions of Greene County to recover the indemnity for “confining illness” under a health and accident policy issued to him by the defendant, Mutual Benefit Health and Accident Association. The defendant denied liability, contending that plaintiff's illness was “nonconfining” and that plaintiff had been paid all benefits due under the policy for such illness. After trial, judgment was entered for the plaintiff.

On appeal to the Circuit Court, the jury found “the plaintiff was toally disabled and confined within the meaning of the…