Thomas v. Continental States Auto Club, Inc.

SWIFT, Judge.

On May 23, 1980, Richard L. Thomas sustained injuries in an automobile accident for which he was hospitalized from May 26, 1980, through June 2, 1980. At the time plaintiff was a member of the Continental States Auto Club, Inc., (Continental) and as such he was insured by the latter’s underwriter, Manchester Life Insurance Company (Manchester), the defendants herein.

The policy contained a provision restricting recovery of benefits to injuries for which the insured was hospitalized within 48 hours after the accident causing same. Because Mr. Thomas admittedly was not hospitalized…