Geier v. Pacific Mutual Life Insurance Co. of California

This action was brought to recover indemnity for sickness under the provisions of a sick and accident insurance policy. On the trial there was an attempt made to recover under the separate accident indemnity clause. Plaintiff had internal hemorrhoids and an operation was performed. He claimed that by accident the sphincter muscle was severed. No such cause of action was set up in the complaint nor was there competent proof made of such “ accident.” Twice during the trial, amendments to the complaint were made practically on the court’s own motion. Both were somewhat obscure in their language.…