Evans v. Investors Insurance

This is an action on an insurance policy to recover expenses incurred, for surgery to correct a varicocele of plaintiff’s testicle. The case was tried before the court without a jury on a “Stipulated Statement of Facts,” with attached exhibits, including plaintiff’s deposition. Defendant appeals from a judgment for plaintiff in the sum of $1,389.15, plus costs and attorney fees. We affirm.

On August 10, 1972, defendant issued to plaintiff a health insurance policy which included the following “DEFINITION (S) ”:

“ ‘Sickness’ means sickness, illness or disease, contracted and causing loss…