Shealey v. American Health Ins. Corp.

Fishburne, Justice.

This is an appeal by the defendant from an adverse judgment in an action on a Hospital and Surgical Expense Policy. The insurance policy was issued on September 21, 1947, and insured the plaintiff, as therein limited and provided, against expenses for hospital residence or surgical operations necessitated by accidental bodily injuries or by sickness.

The plaintiff alleged in his complaint that he had suffered an injury by accident during August, 1948, and was entitled to recover certain indemnities under the terms of the policy. On the trial of the case, the judge of the…