American Bankers Insurance Company v. Black

McKAY, Justice.

Henry H. Black, plaintiff, brought suit against American Bankers Insurance Company, defendant, on an accident and sickness insurance policy, for hospital charges, doctor bill, penalty and attorney’s fee. The insurance company defended on the ground that (1) the policy provided “(t)he Company will pay indemnities for the usual and customary expenses actually and necessarily incurred only while * * * confined as a bed patient * * * ” (emphasis ours); and (2) the policy provided “* * * (n)o indemnities - whatsoever shall be payable * * * for any loss or disability resulting wholly…