Reynolds ex rel. Estate of Arant v. Wabash Life Insurance

Littlejohn, Justice:

Defendant issued its policy of hospital and surgical expense insurance to the plaintiff’s intestate on September 11, 1964. On March 2, 1965, less than six months after its effective date, the insured died because of a ruptured abdominal aorta after one day of hospitalization.

This action was brought to enforce the policy. Defendant-insurer had refused to pay, alleging that because of the exceptions and limitations in the policy, no benefits were due and owing. The policy provides, under “Exceptions and Limitations”, that it does not cover “hospitalization due to…