Callison v. Continental Casualty Co.

Defendant insurance company issued a health and accident policy to plaintiff Walter M. Callison, effective February 5, 1958, which policy also covered his son, plaintiff Russell Callison, aged 6 years. It provided for payment of expenses incurred while “necessarily confined in a hospital... as the result of injury or sickness.”

On March 21, 1960, the boy was severely burned in a fire and was hospitalized for over four months thereafter. The policy provided for a maximum aggregate liability of $5,000, less the deductible amount of $300, for “any one accident or any one period of sickness.” The…