Smith v. Mutual Benefit Health & Accident Ass'n

The opinion of the court was delivered by

Parker, J.:

This was an action to recover accident benefits under the terms of a health and accident insurance policy. The appeal is from an order and judgment sustaining a demurrer to plaintiff’s third amended petition and rendering judgment against him for costs.

Plaintiff who was carrying health and accident insurance with the defendant sustained accidental injuries at a time when the policy of insurance was in full force and effect. Thereafter he commenced this action by the filing of a petition in the district court of Shawnee county wherein he…