Smith v. Republic National Life Insurance

KRUCKER, Judge.

Plaintiff, Hugh Smith, sued defendant, Republic National Life Insurance Company, for damages sustained by defendant’s failure to pay benefits owed to plaintiff under a hospital and surgical policy. The case was tried to the court, sitting without a jury, which entered judgment in favor of defendant and made findings of fact and conclusions of law. Plaintiff’s motion for a new trial was denied. He appeals from the judgment and denial of the motion for a new trial.

The findings of fact are undisputed by either party. Plaintiff applied for insurance with defendant. On the…