Wymore v. FARMERS MUTUAL INSURANCE CO. OF NEB.

Plaintiff claimed benefits under medical payment provisions of an insurance policy issued by defendant to homeowners. Plaintiff recovered judgment, and defendant has appealed. The parties disagree on the meaning of an exclusion clause,.

The claim was based on accidental injury to Max E. Wymore at the home of the policyholders, Darrell D. and B. L. DeVoe. Wymore had fallen off a ladder while performing an independent contract to repair the roof of the DeVoe home. Resultant injuries caused his death on June 22, 1966, 2 days after the fall.

Insuring agreements in Section II of the policy covered…