Donovan v. National Casualty Co.

Opinion by

Baldbioe, P. J.,

The executrix of the insured’s will brought this suit to recover hospital and medical expenses allegedly due under a policy of insurance.

The National Casualty Company, appellant herein, on June 11, 1940, issued to Stacy Donovan a “Medical Attendance and Hospitalization Expense Policy” containing a rider stating that he previously suffered from prostatic hypertrophy and that he agreed “to relieve the Company from any liability for any loss sustained by me from any disease of the urinary tract or operation therefor ...” (Italics supplied.)

The only defense to this claim…