Gulf Atlantic Life Insurance Co. v. Disbro

KEITH, Justice.

The defendant below appeals from an adverse judgment entered in a bench trial upon an agreed statement of facts. The action was instituted by an insured and his wife upon a major medical expense policy issued by the defendant, the only question being whether the policy excluded benefits for medical expenses paid under the Medicare program. The trial court held that such expenses were not excluded from the coverage and rendered judgment for the plaintiffs for the amount of such expenses, for statutory penalties and attorney’s fees.

The policy contained a section titled…