Campasi v. Mutual Benefit Health & Accident Ass'n

O’NIELL, Chief Justice.

The administrator of the succession of a deceased woman, named Chetter Ferara, brought this suit for disability benefits alleged to have been due to her at the time of her death, under a policy of insurance issued by the defendant. The company defended on the ground that the disability resulted from a cancer of the ovary, and hence that the company was exempt from liability by the following clause in the policy: “This policy does not cover * * * disability from any disease of organs which are not common to both sexes.” The judge of the district court, after hearing the…