Valencia v. Continental Casualty Co.

Leslie, District Judge.

This action is brought by appellant, Francisco Valencia, against the Continental Casualty Company, appellee, upon an accident policy, containing a health provision, issued by the defendant company to the plaintiff on the 10th day of October, 1928. The provision of the policy involved is as follows:

“The insurance given by this policy is * * * against loss of time resulting solely from bodily sickness which is contracted and begins not less than fifteen days after the date of this policy.”

At the time of issuance of the policy, plaintiff was employed by the Union Pacific…