Hermitage Health & Life Insurance v. Baggs

Quilli.an, Judge.

The policy of insurance sued on is a limited policy providing certain hospital and surgical coverage for “cancer.” In order to come within the coverage the cancer must commence after the issuance of the policy. Cancer is described in the policy as “a disease characterized by the growth of a malignant tumor consisting of uncontrolled growth or spread of cells, the invasion of the connective tissue, or leukemia or Hodgkin’s disease, which is positively diagnosed, by a legally qualified pathologist by microscopic examination, which commences after 12:00 o’clock noon on the…