Mutual Life Insurance Co. of New York v. Bohannon

BATEMAN, Justice.

The appellant insurance company appeals from a summary judgment awarding to the appellee Bohannon benefits of a group hospitalization policy issued by appellant to Bohannon’s employer covering its employees and their dependents. The benefits awarded cover the expenses incurred by Bohannon in connection with surgery performed on his seven year old son Michael in March, 1971.

By its first point of error appellant says the summary judgment should be reversed because the sickness or disease for which the expenses were incurred was one which required medical care or treatment…