Continental Casualty Company v. Michael S. Robertson

CAMERON, Circuit Judge.

The main issue before us here is whether the court below erred in submitting to the jury the question whether poliomyelitis first manifested itself in appellee’s child 1 after the effective date of a Family Poliomyelitis Expense Policy issued by appellant insurance company; and if so, whether recovery could be had against the company, not only for expenses provided by the policy, but for the penalties imposed by Georgia statute in cases where payment is re fused in bad faith. 2 Appellee made written application for the policy and paid the premium July 7,1954, and the…