Commonwealth Casualty & Ins. Co. v. Stephens

RICE, Chief Justice.

This suit was brought in the county court of Johnson county by Frank B. Stephens as plaintiff against Commonwealth Casualty & Insurance Company as defendant, for recovery of benefits alleged to be due under the terms of a health and accident insurance policy issued by the defendant to the plaintiff. The case was tried before the court, a jury being waived, and from a judgment in favor of the plaintiff in the sum of $375 defendant appeals.

The plaintiff, by his pleading and the evidence submitted thereunder, predicated his cause of action on that section of the insurance…