Frazier v. Royal Life & Casualty Ass'n

The opinion of the court was delivered by

Harvey, J.:

This was an action to recover disability benefits under a health and accident policy dated October 28, 1940. It was initiated by the filing of a bill of particulars in the city court of Kansas City, May 8, 1943, where plaintiff recovered judgment. Defendant appealed.

A day or two before the trial in the district court defendant filed an answer in which it alleged that plaintiff’s accidental injury occurred while the policy was in default; that plaintiff paid the premiums at the home office up to and prior to September 15, 1942; that another…