Heater v. Fireman's Fund Insurance

It is apparent from the memorandum opinion filed by the trial judge that the appellant made essentially the same argument to the trial court as has been made upon appeal.

The trial court’s memorandum, in part, is as follows:

“It is evident from the complaint that the total disability of the plaintiff occurred prior to the issuance of the policy in question. The mortgage security insurance amendment rider to the accident policy, a copy of which is attached to the complaint, reads as follows :

“The definition of ‘Sickness’ as described in the policy is amended to read:

“ ‘Sickness’ wherever used in…