McKay v. Equitable Life Assurance Society of the United States

Plaintiff, as an employee of Black Hills Power and Light Company, was an insured under a group policy issued to his employer by the defendant. The policy included a provision for major medical expense benefits for employees and their dependents whereby defendant agreed to pay certain charges incurred for hospitalization and medical expenses as a result of a “nonoccupational accidental bodily injury or a non-occupational sickness” in an amount “in excess of the deductible amount defined in paragraph B below.” Paragraph B — the focal point of dispute — provided as follows:

“B. DEDUCTIBLE AMOUNT.…