Mutual of Omaha Insurance v. Walley

Appellee, Walley, suffering with, tuberculosis, sued appellant to recover sickness benefits on a policy which defined “sickness” as follows: “Sickness contracted while this policy is in force and more than 30 days (90 days in case of heart trouble, hernia, tuberculosis or any disease or disorder of the female generative organs) after the Policy Date.”

The policy was dated July 2, 1962, so that the ninetieth day would be September 30, 1962. On September 23 appellee suffered a collapsed left lung. He was working at a hospital in Hattiesburg, but when he became sick he called his family doctor,…