Martin v. Continental Casualty Co.

BENJAMIN C. DAWKINS, Sr., District Judge.

Plaintiff's suit is upon a policy of health and accident insurance issued to him by defendant.

The Jury was waived and the case submitted upon a stipulation of facts1 and *261admissions in the pleadings. It, therefore, involves a proper interpretation of the provisions of the policy in the light of those facts and the applicable law.

Pertinent provisions of the policy are quoted in foot note.2

In his original complaint plaintiff alleged (in Article 7):

“That under and by virtue of the terms of said insurance policy contract, Exhibit ‘A’, the defendant herein…