O'Neill v. Blue Cross of Western Iowa & South Dakota
South Dakota Supreme Court
1DissentHenderson, Justice
This case constitutes nothing more than an action in contract on an insurance policy.* If I, or others of like mental ilk, followed the majority opinion’s powers of reasoning, a person could obtain coverage and impregnate a theoretically infinite number of women and obtain coverage for each birth. Believing that such a result, as begot by the majority’s platform of legal thought, could scarcely be determined by the intent or reasonable expectation of either party to this contract, I dissent. I further dissent because the insurance company either owes an obligation to O’Neill under the…
2Cases cited1 opinion
- Potter v. BennettAppellate Division of the Supreme Court of the State of New York · 1972