Lincoln Income Life Insurance Company v. Milton

George Eose Smith, Justice.

This is an action brought by the appellee to recover $125 under a sickness and accident policy. The insurance company contends that the insured’s condition existed before the policy was issued and was therefore excluded from coverage by this clause in the contract: “‘Sickness’ as used in this policy means sickness or' disease which first commences or first becomes evident, after the effective date hereof and which causes loss commencing while this policy is in force.” Tl > trial court, hearing the case without a jury, entered judgment for the plaintiff, finding that…