Todd v. Travelers Insurance

Winnet, J.,

The question involved in this suit is raised by the counterclaim: May an in*99surance company recover moneys paid under the mistaken belief that it was covered by the policy?

Minor plaintiff, by reason of his employment, was the insured under a certificate of insurance issued to him by defendant under a group accident and sickness policy. The suit is for $175, indemnities which plaintiff claims as a result of sickness. Liability for this claim is not seriously questioned by defendant.

Defendant’s counterclaim for $260 arises out of the same policy in suit. Sometime prior to his illness,…