Legal Opinion

Card v. National Casualty Co.

Massachusetts District Court, Appellate Division

Decided June 16, 1941Published

1Opinion of the CourtRiley, J.

This action of contract was brought by the plaintiff to recover expenses paid under the terms of a hospitalization policy, so-called, issued by the defendant to the plaintiff.

The answer of the defendant contains a general denial and a further averment that the policy “does not cover sickness or accident when the' immediate and contributing cause is due to either injury or disease which had its inception prior to the issuance of the policy or within 15 days thereafter” and that the illness mentioned in the plaintiff’s Declaration had its inception prior to the date of the issuance of the…

2Cases cited8 opinions

  1. Gibbons v. DenoncourtMassachusetts Supreme Judicial Court · 1937
  2. Himelfarb v. Novadel Agene Corp.Massachusetts Supreme Judicial Court · 1940
  3. Wrobel v. General Accident Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1934
  4. Palumbo v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1935
  5. Lunt v. Aetna Life InsuranceMassachusetts Supreme Judicial Court · 1925

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