Ellerbeck v. Continental Casualty Co.

This action was instituted upon a policy of accident and *532health, insurance issued to plaintiff by the defendant company. Plaintiff had judgment. Motion for new trial was denied. Defendant appeals.

The complaint alleges that in October, 1920, defendant issued to plaintiff a certain accident and health insurance policy. A copy of the policy is attached to the complaint. It is alleged that the first yearly premium was paid by plaintiff and accepted by defendant; that prior to October 8, 1921, defendant issued a certificate renewing the policy for a period of one year to October 8, 1922; that…