Aetna Life Ins. Co., Inc. v. Hays

HOLMES, Judge.

The plaintiff sued the defendant-insurance company. The plaintiff claimed certain medical expenses which were incurred when he had an operation to correct a congenital malformation of his ears. The defendant-insurance company denied coverage. The learned and distinguished trial judge, sitting without a jury, entered judgment for the plaintiff in the amount of $2,871.50.

The defendant appeals. We reverse and remand.

The dispositive issue on appeal is whether the plaintiff’s congenital condition can be deemed a “disease” and, therefore, covered under his insurance policy. Put…