Raines v. National Old Line Insurance

The plaintiff (appellant) sues to recover disability benefits under a policy issued by the defendant, which contained by way of "Elimination Endorsement,” the following provision:

“With respect to James Leveston Raines, the policy does not cover any loss caused by or resulting from: Any Disorder of The Musculo-Skeletal Structure of The Back or Neck or Complications Thereof And/or Any Disorder of The Left Arm.”

The obvious reason for the exclusion was, as shown by the stipulation of the parties, that prior to the application for the insurance the plaintiff had sustained an injury to his “back,…