McKitrick v. Travelers Equitable Insurance Co.

The appeal is from the judgment entered upon an order sustaining a demurrer to the amended complaint.

Th.e action is upon a health and accident insurance policy issued by the Bankers Casualty Company to plaintiff November 30, 1921, the obligations of which the defendant company subsequently assumed. The demurrer is on the ground that the complaint “does not state facts sufficient to constitute a cause of action.” In substance the complaint alleges that, while the policy was in force on July 14, 1922, she accidentally cut her finger in opening a can, which resulted in blood poisoning and…