Horace Mann Mutual Insurance v. Burrow

This appeal involves the construction of a contract of insurance the facts being stipulated. The Trial Judge, without the intervention of a jury, found for the insured.

On April 21, 1959 Janette W.. Burrow, Appellee in this Court, purchased a health and accident group insurance policy from Horace Mann Mutual Insurance Company, Appellant in this Court, which policy also covered her husband, Mac N. Burrow.

On October 26, 1959 Mr. Burrow developed an internal physical difficulty, which was determined to be a congenital esophageal bronchial fistula, requiring surgery, resulting in the medical…