Street v. Continental Casualty Co.

MASSEY, Chief Justice.

Our opinion in this case, filed under date of March 15, 1963, is withdrawn and the following substituted therefor.

This case was originally dismissed in the trial court after the court sustained exceptions to plaintiff’s pleadings to the effect that a legally qualified dental surgeon was not a legally qualified physician or surgeon within the terms of a policy upon which suit was brought. Upon appeal we held that lawful surgery performed upon the insured by a licensed doctor of dental surgery constituted operative procedure performed by a “legally qualified physician or…