Legal Opinion

Price v. State Capital Life Insurance Company

Supreme Court of North Carolina

Decided January 17, 1964No. 403PublishedCited by 10 opinions

Appeal by plaintiff .from Sink, E. J., at the July 1963 Civil Term of DAVIDSON. Plaintiff instituted this action upon a policy of (hospital insurance to recover $372.75, surgical and hospital expenses incurred when an operation known as la tuibal ligation was performed upon his wife.

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Appeal by plaintiff .from Sink, E. J., at the July 1963 Civil Term of DAVIDSON. Plaintiff instituted this action upon a policy of (hospital insurance to recover $372.75, surgical and hospital expenses incurred when an operation known as la tuibal ligation was performed upon his wife. Defendant admitted that the policy in suit was .in full force and effect between the parties at the time of the operation; that plaintiff’s wife is an “eligible dependent” covered by the policy; and that proof of loss was duly filed. Defendant alleged, however, that hospitalization and surgery for an “elective…

1Opinion of the CourtSharp, J.

Whether plaintiff offered any evidence tending to show that -the operation performed upon Mrs. Price was the result ¡of an existing sickness is the question ¡posed by this appeal.

Webster’s New International Dictionary, -Second Edition, Unabridged', defines sickness: “1. a Diseased condition; illness; ill health, b A disordered or weakened condition in general. ‘A great sickness in hiis judgment.’ ¡Sthak. 2. a A malady; a form of disease . . . .” This definition wais approved in Reserve Life Insurance Company v. Lyle, Okl. 288 P. 2d 717. This Court has several times quoted, with approval, the…

2Cases cited5 opinions

  1. Bailey v. . Insurance Co.Supreme Court of North Carolina · 1943
  2. Reserve Life Insurance Company v. LyleSupreme Court of Oklahoma · 1955
  3. McGregor v. General Accident, Fire & Life Assurance Corp.Supreme Court of North Carolina · 1938
  4. High v. ATLANTIC COAST LINE RAILROAD COMPANYSupreme Court of North Carolina · 1958
  5. Reserve Life Insurance v. WhittenAlabama Court of Appeals · 1956

3Cited by10 opinions

  1. Martha v. GILBERT Et Al., Appellees, v. GENERAL ELECTRIC COMPANY, AppellantCourt of Appeals for the Fourth Circuit · 1975
  2. Malone v. Continental Life and Accident CompanyIdaho Supreme Court · 1965
  3. Artcraft of New Hampshire, Inc. v. Lumberman's Mutual Casualty Co.Supreme Court of New Hampshire · 1985
  4. Gangell v. New York State Teamsters Council Welfare Trust FundMassachusetts Appeals Court · 1978
  5. McDaniel v. North Carolina Mutual Life InsuranceCourt of Appeals of North Carolina · 1984

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