Western Casualty Insurance Co. of Texas v. Penson

MASSEY, Chief Justice.

The appeal before us arose out of a suit on a contract of hospital, medical and surgical insurance issued by the defendant insurance company. Plaintiffs John Penson and wife brought suit thereupon, alleging that under said contract the company “ * * * insured plaintiffs against various contingencies, * * * all as set out in the pol*235icy”, which was attached to the plaintiffs’ original petition, marked Exhibit “A”, and made a part thereof. Continuing, plaintiffs alleged that on or about November 16, 1959, Mrs. Penson was hospitalized, and that she was confined to the…