Isaac v. Continental Casualty Co.

Opinion by

Mr. Justice O’Brien,

Appellant, Ralph Isaac, brought an action of assumpsit seeking to recover on a sickness and accident indemnity policy issued by appellee insurance company. The company defended on the grounds that the appellant had procured a second policy and, therefore, appellant had no right to recover on the first policy. At the conclusion of a jury trial held to decide the issue, the court submitted to the jury the following special question relating to the replacement issue: “As of December 31, 1963, did the plaintiff intend to procure a second policy from the defendant,…