Phillips v. Prudential Insurance Co. of America

HARWOOD, Justice.

The appellant sought recovery under a family hospital insurance policy. Demurrers to the complaint as amended being overruled, the defendant filed a plea and answer setting up an exclusion provision in the policy which appellee-insurer averred would prevent recovery on the policy.

The cause was submitted to the court sitting without a jury on a stipulation of facts. Thereafter, the court rendered a judgment for the defendant and this appeal followed.

The stipulated facts are to the effect that the policy in question was in effect at the time the plaintiff was injured in the due…