McDaniel v. North Carolina Mutual Life Insurance

WHICHARD, Judge.

Defendant contends the court should have granted its motion for judgment on the pleadings because the complaint revealed that plaintiff-wife experienced symptoms of her “sickness” before the policy was issued. Plaintiffs’ complaint alleged that plaintiff-wife experienced leg pains in June 1981, and that the problem which ultimately led to her hospitalization for exploratory surgery on 8 October 1981 caused these pains. Defendant issued its medical insurance policy to plaintiffs on 12 July 1981. The policy covered “sickness contracted while this policy is in force.”

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