Cobbett v. Prudential Insurance Co. of America

This is an action of contract to recover medical expenses under a medical insurance policy issued by the defendant.

The defendant’s answer contains a general denial, and further answers that the cause under which the plantiff seeks to recover was excluded from the medical insurance policy issued by the defendant; that the plaintiff failed to perform a condition precedent; and that no one had authority to remove the exclusion in question.

At the trial it was agreed by all parties: That the plaintiff was insured under the defendant’s policy, number WCI 215 007A, as of January 7, 1970; that prior…