Bishop v. Capitol Life Insurance

The opinion, of the court was delivered by

Owsley, J.:

In this action the plaintiff-appellant, Jack Bishop, seeks to recover 'disability benefits allegedly due him under a health and accident insurance policy issued by the defendant-appellee, Capitol Life Insurance Company (hereinafter referred to as Capitol). Capitol denied coverage on the ground the disease which caused the disability was in existence prior to the effective date, of the policy. The jury found Capitol wrongfully denied coverage, and awarded plaintiff damages in the amount of $4,495.00. Upon motion of Capitol, the trial court…