Ferrell v. Mutual Benefit, Health & Accident Ass'n

This is the second time this case has reached this court. It is an action by plaintiff Ferrell to recover health benefits upon an insurance policy. The first trial resulted in a judgment for plaintiff, and from such judgment there was an appeal taken. Our opinion, reversing the judgment and remanding the case for a new trial, was rendered December 4, 1933, and may be found at 42 Ariz. 477, 27 Pac. (2d) 519. The mandate was issued January 23, 1934. The plaintiff took no action and made no request to have the case set down for new trial, but on December 14, 1934, the defendant filed its motion…